The United Kingdom and The Federal Idea

Administrative / Constitutional Law

The United Kingdom and The Federal Idea

Edited by Robert Schutze · Stephen Tierney
Hart Publishing June 2018

Specifications

ISBN-13
9781509907175
Publisher
Hart Publishing
Publication
June 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

How should political power be divided within and among national peoples? Is the nineteenth-century theory of sovereign and unitary State still fit for purpose in the twenty-first century? If not, can federalism provide a viable alternative model? This collection looks at federalism from the perspective of constitutional law.

Taking the United Kingdom as a case study, it tracks the historical evolution of the Union and explores the concepts of federalism that emerged between the eighteenth and twentieth century. In part two, it assesses the experience of sharing sovereignty with other nations in the context of international cooperation.

Drawing on the expertise of the foremost commentators in the field, it provides a timely reflective stock-take of how constitutional authority is being re-ordered within and beyond the United Kingdom.

Table of Contents

Introduction: British ‘Federalism’?
Robert Schütze

Part I. Historical Evolution: From Past to Present
1. The Failure of British and Irish Federalism, circa 1800–1950
Alvin Jackson
2. Parliamentary Sovereignty, Federalism and the Commonwealth
Peter C Oliver
3. Shared Rule: What the UK Could Learn from Federalism
Adam Tomkins
4. Drifting Towards Federalism? Appraising the Constitution in Light of the Scotland Act 2016 and Wales Act 2017
Stephen Tierney
5. Devolution and Secession in Comparative Perspective: The Case of Spain and Italy
Barbara Guastaferro and Lucía Payero

Part II. In Particular: The External Dimension
6. The UK’s Reluctant Relationship with the EU: Integration, Equivocation, or Disintegration?
Jo Eric Khushal Murkens
7. Britain and the European Union: Federalism and Differentiation
Sionaidh Douglas-Scott
8. Federal Dynamics of the UK/Strasbourg Relationship
Roger Masterman
9. The UK’s Status in the WTO Post-Brexit
Lorand Bartels
10. A Willing International Federalist? The UK’s Pivotal Role within the United Nations
Nigel D White
Conclusion: We Have Always been Federal
David Armitage
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