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The Federal Idea: Public Law Between Governance and Political Life

The Federal Idea: Public Law Between Governance and Political Life

Author: Amnon Lev
Publisher: Hart Publishing
ISBN: 9781509935673

Published In: December 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509907113

List Price: HKD 545.87

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A significant part of the world's population lives under some sort of federal arrangement. And yet, the concepts of federalism and federation remain under-theorised. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed public law theories that capture the specificity of this type of polity.

Bringing together contributions from leading public law theorists and intellectual historians, this volume explores the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and charts new departures in federalist theory and federal power-sharing. At a time when we look for more inclusive ways of ordering public life, the volume fills an urgent theoretical and political need.

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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