The Federal Idea: Public Law Between Governance and Political Life

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The Federal Idea: Public Law Between Governance and Political Life

By Amnon Lev
Hart Publishing August 2017

Specifications

ISBN-13
9781509907113
Publisher
Hart Publishing
Publication
August 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The volume grows out of the realization that constitutional and political developments in the West pose a serious challenge to the traditional conceptual framework of federalist scholarship.

Despite the surge of interest that followed the groundbreaking work of Carl Joachim Friedrich and, more recently, Murray Forsyth, the concepts of federation and federalism have remained under-theorized. Federalist theorists have, for the most part, defined their object by opposition to the unitary state.

As a result, they have not developed normative theories of federalism, relying instead on functional-ist models to understand federal phenomena. The dominance of functionalist methodologies is det-rimental to federalist scholarship because it obscures the specificity of federalism by reducing it to a simple means of governance.

The proposed volume offers the first systematic and comprehensive treatment of the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and explores new departures in federalist theory and federal power-sharing. At a time when the ways we order public life have become issues of considerable theoretical and political interest, the proposed volume promises to fill an urgent need.

Table of Contents

Introduction: Federalism and Public Law Theory
Amnon Lev
I. Making Public Law Work as Theory
II. Modes of Federalism
III. Aspects of the Federal Idea: An Overview of the Volume

Part I: Theorising Federalism
1. The Federal Condition
Nicholas Aroney
I. The Liberal Condition
II. The Federal Condition
2. Federation and Empire: About a Conceptual Distinction of Political Forms
Olivier Beaud
I. The Federation as a Political Form and its Relation to Empire
II. The Ideal Typical Opposition between Federation and Empire
III. An Illustration in Law: Federative Compact and Federal Treaty
IV. Some Remarks on Unity and Diversity
3. Towards a Deontic-Axiomatic Theory of Federal Adjudication
Jean-François Gaudreault-DesBiens
I. Preliminary Remarks
II. Ambitions and Limits of a Normative, Deontic-Axiomatic Theory of Federalism
III. Conclusion

Part II: Governing the Federation
4. Federalism and the Separation of Powers
Jessica Bulman-Pozen
I. Cooperative and Uncooperative Federalism
II. Checking the Federal Executive on Behalf of Congress
III. Fractal Separation of Powers
IV. Conclusion
5. Federalism as a Mode of Governance: Autonomy, Identity, Power, and Rights
Edward L Rubin
I. The Essence of Federalism: Partial Political Autonomy
II. The Motivation for Federalism: Divergent Political Identity
III. The Features of Federalism as a Modality of Government
IV. The Normative Basis for Federalism
V. Conclusion
6. Executive Power in Federations
Cheryl Saunders
I. Federal Design
II. Separation of Powers
III. Australia
IV. Conclusions

Part III: Federal Trajectories
7. Woodrow Wilson and the Challenge of Federalism in World War One
Duncan Kelly
I. Woodrow Wilson on Democracy and Federalism
II. Pan-Nationalism
III. Federation and Federalism
8. Federalism and the Ends of Europe
Amnon Lev
I. Federalism in the European State System
II. Theorising the Federation
III. Crisis and Post-Humanism: Federalising Europe
9. Federalism and Democracy: The Far-Reaching Dynamism of Democratic Federations
Dwight Newman
I. Federalism and Democracy in the Secession Reference
II. Federalism as a Response to Divided Demoi
III. Federalism and the Construction of Divided Demos-Identities
IV. Federalism, Democracy, and Dynamism
10. Federalism and the Plurinational Challenge
Stephen Tierney
I. Federalism: Why Does it Matter, What is it?
II. Inherent Tensions in the Federal Idea
III. The Plurinational State and Federalism
IV. Why Does this Matter?
V. Plurinational Scholarship and the Liberal Theory of the State
VI. Implications for Federal Theory and Practice
VII. E Pluribus Unum: The Plurinational Challenge
VIII. Plurinational Federation and Sovereignty
IX. Conclusion

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