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In contrast to the views current only a few years ago, when federalism as a system of government was regarded, in academic circles in North America at least, as passe and even reactionary, there is today throughout the world, and especially in Western Europe, a tremendous interest in the federal idea. It is seen as a dynamic, even revolutionary idea, and it has been seized on as the best institutional device available for assisting and promoting the integration of the Western European countries-one which offers, moreover, the best opportunities for preserving liberal, pluralistic ideals in an era of strong centralized governments. The interest in federalism and in supranational integration makes essential a definitive study of the working practice of federal law and government in those societies where federalism has been long in operation. In these stimulating and thoughtful essays Professor McWhinney brings a fresh and up-to-date view to bear on the nature of federalism, the problems of such a system of government in the complications of modern times, and the role of the reviewing courts within that system. He has focused his discussion on those countries where the federal form does mirror genuine social divisions and conflicts-in particular the United States and Canada as classical models of the federal idea, and the Federal Republic of Germany as an area where the federal idea is being worked out freshly, with a special new court, and against a different social background. In thus treating of federalism on a comparative basis, Professor McWhinney has been concerned with the frequent shifts and accommodations of governmental policy and actions, with the actual processes of resolving conflicts and competitions of interests, and with the systematic, settled practices of self-restraint and mutual give-and-take, all of which are necessary for the functioning, and for the life itself, of a federal state. In this emphasis on basic social and political problems, which are reflected in the decision of the highest courts, rather than on a narrow and abstract interpretation of the distribution of powers between different jurisdictions, Professor McWhinney has brought into new relationship matters of perennial occurrence and importance within any federal system. His study will be of interest and value not only to students of federalism but to all those concerned with public affairs.
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"In the second edition of Contested Federalism, Douglas Brown, Herman Bakvis, and Gerald Baier have restructured and thoroughly updated this foundational textbook on Canadian federalism. It analyses the interactions between the components of Canada's governance system--federal, provincial-territorial, local, Indigenous--and the tensions, conflicts, and adaptations they have created. In so doing, Contested Federalism explores both the basic federal and intergovernmental structure, and what might be termed federal governance. By featuring the most current material on the subject, this text examines contemporary issues that are relevant to today's student, including Indigenous relations, Quebec's role in the federation, globalization, and the environment. Accessible, engaging, and comprehensive, this book familiarizes readers with the basic assumptions about how federal systems work and are best understood."--
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Every federal country faces a difficult problem in deciding how its national capital should be governed because of the complex conflicts of interest. This volume fills a serious gap in the literature on comparative federalism. It draws together essays by experts on each of the seventeen countries with federal constitutions.
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Federalism and Social Policy focuses on the crucial question: Is a strong and egalitarian welfare state compatible with federalism? In this carefully curated collection, Scott L. Greer, Heather Elliott, and the contributors explore the relationship between decentralization and the welfare state to determine whether or not decentralization has negative consequences for welfare. The contributors examine a variety of federal countries, including Spain, Canada, and the United Kingdom, asking four key questions related to decentralization: (1) Are there regional welfare states (such as Scotland, Minnesota, etc.)? (2) How much variation is there in the structures of federal welfare states? (3) Is federalism bad for welfare? (4) Does austerity recentralize or decentralize welfare states? By focusing on money and policy instead of law and constitutional politics, the volume shows that federalism shapes regional governments and policies even when decentralization exists.
Federal government --- Comparative government. --- Social policy --- Federal government. --- Social policy.
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La question controversée de la sécession retient peu l’attention des spécialistes du fédéralisme. Les meilleures études fédérales soit l’éludent, soit l’évacuent en quelques lignes. Pourtant, la problématique de la sécession est bien présente dans l’histoire des fédérations. Cet ouvrage est l’un des premiers à explorer le lien complexe entre fédéralisme et sécession. Tout en reconnaissant le potentiel de ce système politique à gérer sous un même gouvernement et d’une manière équilibrée et relativement harmonieuse les relations entre États, peuples, nations ou territoires différents, les auteurs relèvent les risques d’échec de l’idée fédérale dans les contextes politiques où le principe de la souveraineté partagée est mis à mal. Si plusieurs histoires à succès (les États-Unis, la Suisse, l’Allemagne, etc.) peuvent être identifiées, permettant ainsi de souligner les mérites de la formule fédérale, il ne faut pas toutefois taire ses échecs (l’ex-Yougoslavie, ou plus récemment le Brexit), ou ses demi-échecs. Considérant ainsi les turbulences qu’ont dû traverser ces dernières années des systèmes dévolutifs (Royaume-Uni avec l’Écosse, l’Espagne avec la Catalogne) ou fédératifs (Canada avec le Québec), cet ouvrage dresse un portrait nuancé de la question et pose les bases en vue d’un questionnement du legs encore trop fragile des grands penseurs de la pensée fédérale.
Federal government --- Secession --- Separatist movements --- Referendum
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The aim of this study is to disentangle the theme of federalism from that of responsible government, and to suggest that the two questions of responsible government and assimilation may be considered as two parallel themes which merge only occasionally. The author believes that the primary objective of the Canadian union of 1841 was the assimilation of French Canada, and when it became evident that that was an unrealistic objective, the inherent dualism in the United Province of Canada led to the emergence of a federal concept. This important new interpretation of the background of the French Canadian question provides a fresh approach to the present situation in Quebec. (Canadian Studies in History and Government No. 14)
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In this innovative analysis of how government works, Mark Sproule-Jones examines the underlying arrangements, or 'rules', that operate between levels of government and the execution of public policy.
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Originally published in 1969. In describing the emergence of oligopoly, Professor Eichner has written a history of the American sugar refining industry, one based in part on records of the United States Department of Justice. Sugar refining was one of the first major industries to be consolidated, and its expertise was in many ways typical of the development of other industries. Eichner's focus is on the changing pattern of industrial organization. This study is based on a unique four-stage model of the process by which the industrial structure of the American economy has evolved. The first part of the book traces the early history of the sugar refining industry and argues that the classical model of a competitive industry is inherently unstable once large fixed investments are required. The more closely sugar refining approximated this model, the more unstable the model became in practice. This instability led, in 1887, to the formation of the sugar trust. The author contends that the trust was formed not to exploit economies of scale but with the intent of achieving control over prices. In the second part of the book, Eichner describes the political and legal reaction that transformed monopoly into oligopoly. This sequence of events is best understood in terms of a learning curve in which the response of businessmen over time was related to the changing institutional environment in which they were forced to operate.
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Federal government --- Public administration --- United States --- Politics and government.
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