Comparative Federalism: Constitutional Arrangements and Case Law (Hart Studies in Comparative Public Law)

This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book’s two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. Volume 19 in the series Hart Studies in Comparative Public Law "This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. "This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume." Professor G Alan Tarr, Rutgers University "Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries." Professor Balveer Arora, Jawaharlal Nehru University New Delhi "This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field." Professor Cheryl Saunders, The University of Melbourne "This is a remarkable book - for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kossler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges." Professor Nico Steytler, Universityof the Western Cape." -- Provided by publisher This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. “This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.” Professor G Alan Tarr, Rutgers University “Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.” Professor Balveer Arora, Jawaharlal Nehru University New Delhi “This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.” Professor Cheryl Saunders, The University of Melbourne “This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kössler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.” Professor Nico Steytler, University of the Western Cape This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. "This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume." Professor G Alan Tarr, Rutgers University "Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries." Professor Balveer Arora, Jawaharlal Nehru University New Delhi "This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field." Professor Cheryl Saunders, The University of Melbourne "This is a remarkable book - for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kossler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges." Professor Nico Steytler, University of the Western Cape Preface Contents Table of Cases Introduction 0.1 Why This Book and What to Expect from It 0.2 Understanding Federalism-Understanding of Federalism 0.3 Methodology and Terminology 0.4 Structure Part I: Foundations 1 Concepts 1.1 Federalism 1.2 Regionalism 2 Manifestations 2.1 Confederation 2.2 Federal State 2.3 Regional State and Related Manifestations 2.4 The EU: Federalism Beyond the State? 2.5 Living Without Definitions 3 History 3.1 Ancient Unions 3.2 The Age of Confederations 3.3 Archetypes of the Federal State 4 Debates 4.1 Sovereignty in Federal Systems: Indivisible or Shared? 4.2 Federalism in Diverse Societies: Cure or Curse? 4.3 Federalism and Participatory Democracy in an Era of Pluralism Part II: Self-Rule and Shared Rule 5 Autonomy of Subnational Entities 5.1 The Constitutional Dimension: Constitutional Autonomy 5.2 The Legislative Dimension: Distribution of Legislative Powers 5.3 The Administrative Dimension: The Relationship between Legislative and Administrative Powers 5.4 The Judicial Dimension: The Court Systems 6 Participation of Subnational Entities at the National Level 6.1 Scope, Institutions and Procedures for Participation 6.2 Institutional Forms of Participation 6.3 Procedural Forms of Participation 7 Financial Relations 7.1 Financial Relations: Significance, Scope and Regulation 7.2 Revenue Powers 7.3 Spending Power 7.4 Equalisation 8 Prevention and Resolution of Conflicts 8.1 Intergovernmental Relations 8.2 Ex ante Scrutiny of Subnational Law 8.3 Constitutional Adjudication 9 Local Government 9.1 Local Government in a Changed Factual and Legal Context 9.2 Legal Recognition of Local Self-Government 9.3 Powers of Local Governments 9.4 Structure of Local Government 9.5 Local Government as a Genuine Third Level? Part III: Powers and Policies: Between Autonomy and Homogeneity 10 Fundamental Rights 10.1 United States of America 10.2 Switzerland 10.3 Canada 10.4 Germany 10.5 Spain 10.6 Comparative Conclusions 11 Social Welfare and Healthcare 11.1 United States 11.2 Canada 11.3 Belgium 11.4 Spain 11.5 United Kingdom 11.6 Comparative Conclusions 12 Environmental Protection 12.1 United States 12.2 Switzerland 12.3 Germany 12.4 Italy 12.5 United Kingdom 12.6 Comparative Conclusions 13 Immigration and Migrant Integration 13.1 Switzerland 13.2 Canada 13.3 Australia 13.4 Germany 13.5 Belgium 13.6 Comparative Conclusions 14 External Relations 14.1 United States 14.2 Switzerland 14.3 Canada 14.4 Belgium 14.5 Spain 14.6 Comparative Conclusions 15 Concluding Remarks 15.1 Federalism in the Twenty-First Century 15.2 A Federal Research Agenda: The Four ‘Ps’ Index