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This book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada), and Troper (France). The essays cover issues such as: the debate about the meaning and application of the rule of law; the gaps between the theory and practice of the rule of law; relations between governments and people; the tensions between the judiciary and the elected branches of government; international criminal justice; and the position of women in situations of conflict and insurrection. The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush to the indictment of Slobodan Milosevic at the War Crimes Tribunal.
Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.
The design of intergovernmental fiscal transfers has a strong bearing on efficiency and equity of public service provision and accountable local governance. This book provides a comprehensive one-stop window/source of materials to guide practitioners and scholars on design and worldwide practices in intergovernmental fiscal transfers and their implications for efficiency, and equity in public services provision as well as accountable governance.
These lively, timely, and accessible dialogues on federal systems provide a comparative snapshot of each topic and include comparative analyses, glossaries of country-specific terminology, and a timeline of major constitutional events. Countries considered include Argentina, Australia, Austria, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Spain, Switzerland, and the United States. Whether you are a student or teacher of federalism, working in the field of federalism, or simply interested in the topic, these booklets will prove to be an insightful, brief exploration of the topic at hand in each of the featured countries. Contributors include Ignatius Ayua Ak...
In Diversity and Unity in Federal Countries, leading scholars and practitioners analyse the current political, socio-economic, spatial, and cultural diversity in the countries under consideration before delving into the role that social, historical, and political factors have had in shaping the balance of diversity and unity. The authors assess the value placed on diversity by examining whether present institutional arrangements and public policies restrict or enhance diversity and address the future challenges of balancing diversity and unity in an increasingly populated and mobile world.
While local government is found in all federal countries, its place and role in the governance of these countries varies considerably. In some countries, local government is considered an essential part of the federal nature of the state and recognized in the constitution as such, whereas in others it is simply a creature of the subnational states/provinces. When referring to local government it is more correct to refer to local governments (plural), as these institutions come in all shapes and sizes, performing widely divergent functions. They range from metropolitan municipalities of mega-cities to counties, small town councils, and villages. Their focus is either multi-purpose in the case...
Intergovernmental agreements are an important instrument in federal systems, establishing new social programs, regulating agricultural practices, and even changing constitutions. Despite their importance, there have only been limited attempts to understand agreements in a comparative context or to provide a theoretical framework for their study. This book addresses both of these deficiencies by comparing the use of agreements in six federations (Australia, Canada, Germany, South Africa, Switzerland and the United States) and considering why certain federations form more agreements than others. Parker analyzes the data using an institutional framework that considers the effects of seven variables, including the constitutional division of powers, the system of intergovernmental transfers, the size of the welfare state and the nature of governing institutions. In addition, the study provides the first ever comparative database of national intergovernmental agreements — a new resource for future research. This book will be of interest to students and scholars of Political Science, Federalism, Government, Political Institutions, Political Theory and Comparative Politics.
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Focusing on politics and society in India, this book explores new areas enmeshed in the complex social, economic and political processes in the country. Linking the structural characteristics with the broader sociological context, the book emphasizes the strong influence of sociological issues on politics, such as social milieu shaping and the articulation of the political in day-to-day events. Political events are connected with the ever-changing social, economic and political processes in order to provide an analytical framework to explain ‘peculiarities’ of Indian politics. Bidyut Chakrabarty argues that three major ideological influences of colonialism, nationalism and democracy have provided the foundational values of Indian politics. Structured thematically and chronologically, this work is a useful resource for students of political science, sociology and South Asian studies.