Download Constitutional Origins, Structure, and Change in Federal by John Kincaid, Alan Tarr PDF

By John Kincaid, Alan Tarr

Offering examples of various varieties of federalism, together with new and mature, built and constructing, parliamentary and presidential, and common-law and civil legislation, the comparative experiences during this quantity examine govt in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the USA. each one bankruptcy describes the provisions of a structure, explains the political, social, and historic elements that inspired its production, and explores its functional program, the way it has replaced, and destiny demanding situations, providing priceless principles and classes for federal constitution-making and reform.

The participants contain: Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutierrez Gonzalez (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA). The French version is impending within the Fall 2005 as Les origines, constitution, et changements constitutionnels dans les can pay federaux.

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Extra resources for Constitutional Origins, Structure, and Change in Federal Countries

Sample text

9^ Rather, Australians were subjects of the monarch of the United Kingdom. "97 After the Second World War, as component parts of the former British Empire moved to create separate national citizenships, the Commonwealth Parliament enacted a citizenship law, presumably relying on the naturalization power. Citizenship in this sense is purely a Commonwealth affair. The predominant means of acquiring citizenship is by birth in Australia to at least one parent who is either an Australian citizen or a permanent resident of Australia.

The courts play a significant role in enforcing the limits of the Commonwealth Constitution with respect to both spheres of government, and there are relatively recent cases invalidating both Commonwealth and state legislation on constitutional grounds. 59 There are no particular mechanisms, other than the normal political and administrative processes, to forestall Jurisdictional conflicts. The cost and disruption of constitutional litigation no doubt offer some incentive to avoid conflict or at least to keep it out of the courts.

35 The division of federal and state powers, which leaves substantial legislative and taxation powers to the states, creates real potential for competition between jurisdictions in relation to taxation and public policy more generally. The fiscal imbalance, to which the Constitution itself makes a direct contribution by denying the states power to impose customs and excise duties, offers the opportunity for regulatory federalism. With hindsight, it is apparent that the Constitution created a federal framework that was capable of development in a variety of ways.

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