Robert F. Williams
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195343083
- eISBN:
- 9780199866960
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195343083.003.0002
- Subject:
- Law, Constitutional and Administrative Law
Most of the American states adopted constitutions in the decade prior to the federal constitutional convention. There were two major “waves” of state constitution-making. The first wave was hasty, ...
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Most of the American states adopted constitutions in the decade prior to the federal constitutional convention. There were two major “waves” of state constitution-making. The first wave was hasty, generally not based on elected constitutional conventions, and the constitutions had little in the way of checks and balances. The chapter uses the Pennsylvania constitution to illustrate this wave. The second wave was more deliberate, often utilized elected constitutional conventions, and developed constitutions with more in the way of checks and balances. The Massachusetts constitution is used to illustrate this wave. Early constitution-making in each of the states is briefly reviewed, in light of these differing philosophies. Finally, the chapter reviews the influences of this “founding decade” of state constitution-making on the development of the federal Constitution, concluding that the Pennsylvania example was rejected and in Massachusetts example was adopted.Less
Most of the American states adopted constitutions in the decade prior to the federal constitutional convention. There were two major “waves” of state constitution-making. The first wave was hasty, generally not based on elected constitutional conventions, and the constitutions had little in the way of checks and balances. The chapter uses the Pennsylvania constitution to illustrate this wave. The second wave was more deliberate, often utilized elected constitutional conventions, and developed constitutions with more in the way of checks and balances. The Massachusetts constitution is used to illustrate this wave. Early constitution-making in each of the states is briefly reviewed, in light of these differing philosophies. Finally, the chapter reviews the influences of this “founding decade” of state constitution-making on the development of the federal Constitution, concluding that the Pennsylvania example was rejected and in Massachusetts example was adopted.
Robert F. Williams
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195343083
- eISBN:
- 9780199866960
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195343083.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book provides complete coverage of American State Constitutional Law. It contrasts the more familiar federal Constitution and explains the importance of the differences. The book then surveys ...
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This book provides complete coverage of American State Constitutional Law. It contrasts the more familiar federal Constitution and explains the importance of the differences. The book then surveys the state constitutions put in place before the adoption of the federal Constitution, together with their influences on the development of the federal Constitution. Next, it describes the broad outlines of state constitutions' evolution over the centuries, as well as the limits placed on state constitutions by federal law. Next, the book covers the growth of the New Judicial Federalism (state constitutions providing, or being interpreted to provide, more protective rights than the federal Constitution). This includes a variety of methodology issues arising in cases raising both federal and state constitutional rights arguments, such as the sequencing of arguments and development of criteria for recognizing rights beyond the federal minimum standards. The technique of interpreting state constitutional rights in “lockstep” with federal rights is analyzed and criticized. State constitutional separation or distribution of powers is discussed and contrasted with the federal doctrines. The book then explains and illustrates the unique features of each of the three branches of state governments. The book analyzes the specialized techniques of judicial interpretation applied to state constitutions. Finally, it surveys the mechanisms of state constitutional amendment and revision, together with the extensive judicial involvement in these processes.Less
This book provides complete coverage of American State Constitutional Law. It contrasts the more familiar federal Constitution and explains the importance of the differences. The book then surveys the state constitutions put in place before the adoption of the federal Constitution, together with their influences on the development of the federal Constitution. Next, it describes the broad outlines of state constitutions' evolution over the centuries, as well as the limits placed on state constitutions by federal law. Next, the book covers the growth of the New Judicial Federalism (state constitutions providing, or being interpreted to provide, more protective rights than the federal Constitution). This includes a variety of methodology issues arising in cases raising both federal and state constitutional rights arguments, such as the sequencing of arguments and development of criteria for recognizing rights beyond the federal minimum standards. The technique of interpreting state constitutional rights in “lockstep” with federal rights is analyzed and criticized. State constitutional separation or distribution of powers is discussed and contrasted with the federal doctrines. The book then explains and illustrates the unique features of each of the three branches of state governments. The book analyzes the specialized techniques of judicial interpretation applied to state constitutions. Finally, it surveys the mechanisms of state constitutional amendment and revision, together with the extensive judicial involvement in these processes.
Robert F. Williams
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195343083
- eISBN:
- 9780199866960
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195343083.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter analyzes the various ways in which state constitutions are limited by the federal Constitution and federal law, which are the supreme law of the land. Provisions in state constitutions ...
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This chapter analyzes the various ways in which state constitutions are limited by the federal Constitution and federal law, which are the supreme law of the land. Provisions in state constitutions can violate not only the federal Constitution itself, but also federal statutory law, administrative regulations, federal common law, and even treaties and interstate compacts. In addition, enabling acts passed by Congress to facilitate the admission of new states can have continuing, limiting effect on states' constitutions to the extent that such federal provisions are based on ongoing congressional power (not just the power to admit new states). In some contexts federal law can preempt the provisions of state constitutions. All of these ways in which federal law limits the content of state constitutions are enforceable by the courts.Less
This chapter analyzes the various ways in which state constitutions are limited by the federal Constitution and federal law, which are the supreme law of the land. Provisions in state constitutions can violate not only the federal Constitution itself, but also federal statutory law, administrative regulations, federal common law, and even treaties and interstate compacts. In addition, enabling acts passed by Congress to facilitate the admission of new states can have continuing, limiting effect on states' constitutions to the extent that such federal provisions are based on ongoing congressional power (not just the power to admit new states). In some contexts federal law can preempt the provisions of state constitutions. All of these ways in which federal law limits the content of state constitutions are enforceable by the courts.
Elisabeth Handl-Petz
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199694907
- eISBN:
- 9780191731914
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199694907.003.0003
- Subject:
- Law, Public International Law
Austria entered the European Union in 1995 and is a member of the United Nations. It participates, inter alia, in the Organization for Economic Co-operation and Development and the Organization for ...
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Austria entered the European Union in 1995 and is a member of the United Nations. It participates, inter alia, in the Organization for Economic Co-operation and Development and the Organization for Security and Co-operation in Europe. Austria also accepts compulsory jurisdiction of the International Court of Justice. Article 44 of the Federal Constitution does not require that constitutional amendments be incorporated into the text of the Federal Constitution. Thus, over the years, numerous federal constitutional laws (Bundesverfassungsgesetze) and federal statutes containing constitutional provisions have been enacted. Moreover, many international agreements and provisions in international agreements have been given constitutional status. Therefore, the structure of Austrian federal constitutional law is fragmented. Nevertheless, the Federal Constitution is the core document for provisions relating to international law.Less
Austria entered the European Union in 1995 and is a member of the United Nations. It participates, inter alia, in the Organization for Economic Co-operation and Development and the Organization for Security and Co-operation in Europe. Austria also accepts compulsory jurisdiction of the International Court of Justice. Article 44 of the Federal Constitution does not require that constitutional amendments be incorporated into the text of the Federal Constitution. Thus, over the years, numerous federal constitutional laws (Bundesverfassungsgesetze) and federal statutes containing constitutional provisions have been enacted. Moreover, many international agreements and provisions in international agreements have been given constitutional status. Therefore, the structure of Austrian federal constitutional law is fragmented. Nevertheless, the Federal Constitution is the core document for provisions relating to international law.
Kay Lehman Schlozman, Sidney Verba, and Henry E. Brady
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691154848
- eISBN:
- 9781400841912
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691154848.003.0002
- Subject:
- Political Science, Democratization
This chapter considers the place of equality, in all its complexity, in the American civic culture. It draws evidence from several sources: the debates occasioned by the drafting and ratification of ...
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This chapter considers the place of equality, in all its complexity, in the American civic culture. It draws evidence from several sources: the debates occasioned by the drafting and ratification of the federal constitution, Supreme Court decisions, the fifty constitutions of the separate states, and public opinion as measured in surveys over the past several decades. In considering American understandings of equality, this chapter moves beyond an emphasis on equality of political voice to encompass the multiple aspects of the concept of equality. A brief look at these sources provides a context of normative debate in which to understand the empirical evidence that forms the bulk of this work and suggests that, while Americans are egalitarians, they are somewhat ambivalent egalitarians.Less
This chapter considers the place of equality, in all its complexity, in the American civic culture. It draws evidence from several sources: the debates occasioned by the drafting and ratification of the federal constitution, Supreme Court decisions, the fifty constitutions of the separate states, and public opinion as measured in surveys over the past several decades. In considering American understandings of equality, this chapter moves beyond an emphasis on equality of political voice to encompass the multiple aspects of the concept of equality. A brief look at these sources provides a context of normative debate in which to understand the empirical evidence that forms the bulk of this work and suggests that, while Americans are egalitarians, they are somewhat ambivalent egalitarians.
Michael Burgess
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199606238
- eISBN:
- 9780191752476
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606238.003.0010
- Subject:
- Political Science, Political Theory, Comparative Politics
The chapter provides a short survey of the conceptual foundations of the models by bringing into focus democratisation and democracy promotion, political trust and political socialisation before it ...
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The chapter provides a short survey of the conceptual foundations of the models by bringing into focus democratisation and democracy promotion, political trust and political socialisation before it looks briefly at the empirical bases of three of the new federal models, namely, Ethiopia, Bosnia-Herzegovina and Iraq. These case studies have been selected because they are deemed to share many features characteristic of a distinctive group of federal democracies within the new federal models. They are identified as the “new” new federal models for being post-conflict states with deeply divided societies in which the international community has played a significant role in different capacities in federal state formation. It concludes with a number of important empirical and theoretical perspectives that furnish the basis for the conclusion to the book.Less
The chapter provides a short survey of the conceptual foundations of the models by bringing into focus democratisation and democracy promotion, political trust and political socialisation before it looks briefly at the empirical bases of three of the new federal models, namely, Ethiopia, Bosnia-Herzegovina and Iraq. These case studies have been selected because they are deemed to share many features characteristic of a distinctive group of federal democracies within the new federal models. They are identified as the “new” new federal models for being post-conflict states with deeply divided societies in which the international community has played a significant role in different capacities in federal state formation. It concludes with a number of important empirical and theoretical perspectives that furnish the basis for the conclusion to the book.
Michael Burgess
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199606238
- eISBN:
- 9780191752476
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606238.003.0003
- Subject:
- Political Science, Political Theory, Comparative Politics
The chapter provides a brief intellectual biography of Wheare and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism is ...
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The chapter provides a brief intellectual biography of Wheare and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism is revealed and a textual exegesis of his major works on federalism is conducted that furnishes the basis for identifying the normative federal values and principles generally implicit in his work on the federal principle. This investigative approach clears the way for the federal spirit to be located at the core of his understanding of federalism.Less
The chapter provides a brief intellectual biography of Wheare and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism is revealed and a textual exegesis of his major works on federalism is conducted that furnishes the basis for identifying the normative federal values and principles generally implicit in his work on the federal principle. This investigative approach clears the way for the federal spirit to be located at the core of his understanding of federalism.
Michael Burgess
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199606238
- eISBN:
- 9780191752476
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606238.003.0004
- Subject:
- Political Science, Political Theory, Comparative Politics
The chapter provides a brief intellectual biography of Livingston and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism ...
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The chapter provides a brief intellectual biography of Livingston and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism is revealed and a textual exegesis of his major works on federalism is conducted. This shows his work to have developed in an unexpected way which follows Wheare’s thinking more than it does the idea of federal society. But Livingston’s overall contribution, if disappointing in the gap between his claims and his conclusions, is much more explicit about the federal spirit than Wheare in the clarity with which he underlines its meaning and value.Less
The chapter provides a brief intellectual biography of Livingston and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism is revealed and a textual exegesis of his major works on federalism is conducted. This shows his work to have developed in an unexpected way which follows Wheare’s thinking more than it does the idea of federal society. But Livingston’s overall contribution, if disappointing in the gap between his claims and his conclusions, is much more explicit about the federal spirit than Wheare in the clarity with which he underlines its meaning and value.
Scott Douglas Gerber
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199765874
- eISBN:
- 9780199896875
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199765874.001.0001
- Subject:
- Law, Constitutional and Administrative Law, Legal History
This book provides a critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. The first chapter begins by ...
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This book provides a critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. The first chapter begins by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.Less
This book provides a critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. The first chapter begins by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.
Allan Rocha de Souza
- Published in print:
- 2021
- Published Online:
- December 2021
- ISBN:
- 9780198863168
- eISBN:
- 9780191895661
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198863168.003.0013
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter discusses copyright dynamics under the Brazilian Federal Constitution, which positions human rights at the core of the entire legal system, opening the law to the influence of new ...
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This chapter discusses copyright dynamics under the Brazilian Federal Constitution, which positions human rights at the core of the entire legal system, opening the law to the influence of new international human rights treaties. The protection of property rights, as well as the obligation to fulfil property's social function, are inscribed within such rights, establishing a dynamic between individual and collective interests in proprietary institutions. In this context, how is the constitutional copyright system to be understood and applied in the courts of Brazil? How do proprietary and non-proprietary, economic and social, individual and collective interests, arguments and rationales relate to one another in shaping copyright protection under the Brazilian Constitution? The chapter addresses these questions with a particular focus on two key issues that have recently been faced: the regulation of collective management and the interpretation of limitations. After an explanation of the legal structure supporting copyright in Brazil and a description of the process of constitutionalisation of private law in general, the chapter examines both key issues, with reference to relevant leading cases in the highest courts in Brazil.Less
This chapter discusses copyright dynamics under the Brazilian Federal Constitution, which positions human rights at the core of the entire legal system, opening the law to the influence of new international human rights treaties. The protection of property rights, as well as the obligation to fulfil property's social function, are inscribed within such rights, establishing a dynamic between individual and collective interests in proprietary institutions. In this context, how is the constitutional copyright system to be understood and applied in the courts of Brazil? How do proprietary and non-proprietary, economic and social, individual and collective interests, arguments and rationales relate to one another in shaping copyright protection under the Brazilian Constitution? The chapter addresses these questions with a particular focus on two key issues that have recently been faced: the regulation of collective management and the interpretation of limitations. After an explanation of the legal structure supporting copyright in Brazil and a description of the process of constitutionalisation of private law in general, the chapter examines both key issues, with reference to relevant leading cases in the highest courts in Brazil.
- Published in print:
- 2012
- Published Online:
- June 2013
- ISBN:
- 9780804778305
- eISBN:
- 9780804784634
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804778305.003.0010
- Subject:
- History, Latin American History
This chapter explains how Mexico, utilizing the institutions established by the Constitution of Cádiz, formed a federal republic in 1824. The Mexican Constitution of 1824 was based on the Hispanic ...
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This chapter explains how Mexico, utilizing the institutions established by the Constitution of Cádiz, formed a federal republic in 1824. The Mexican Constitution of 1824 was based on the Hispanic Constitution of 1812 because distinguished novohispanos, who had participated in writing the Charter of Cádiz, wrote the Mexican federal constitution. Mexico implemented the institutions created by the Constitution of 1812 more fully than any other nation in the Hispanic world, including Spain itself. Indeed, most Mexicans considered the Charter of Cádiz their first constitution.Less
This chapter explains how Mexico, utilizing the institutions established by the Constitution of Cádiz, formed a federal republic in 1824. The Mexican Constitution of 1824 was based on the Hispanic Constitution of 1812 because distinguished novohispanos, who had participated in writing the Charter of Cádiz, wrote the Mexican federal constitution. Mexico implemented the institutions created by the Constitution of 1812 more fully than any other nation in the Hispanic world, including Spain itself. Indeed, most Mexicans considered the Charter of Cádiz their first constitution.
Anthony Sir Mason
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198264699
- eISBN:
- 9780191682766
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264699.003.0016
- Subject:
- Law, Constitutional and Administrative Law
Sir William Wade has been the leading modern exponent of the doctrine of parliamentary sovereignty at a time when the doctrine has come under increasing challenge. In a publication designed to ...
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Sir William Wade has been the leading modern exponent of the doctrine of parliamentary sovereignty at a time when the doctrine has come under increasing challenge. In a publication designed to commemorate Sir William's remarkable contribution to the development and understanding of public law, it is opportune to take account of how, in the old-established federal systems in the United States, Canada and Australia, restrictions, albeit limited in Canada and Australia, have developed to limit the power of legislatures to deal with voting power. This chapter discusses the interpretation which has been given to the provisions relating to voting in the three federal constitutions and the part which the parliamentary tradition has played in the evolution of the interpretation that has been accepted in Australia and Canada.Less
Sir William Wade has been the leading modern exponent of the doctrine of parliamentary sovereignty at a time when the doctrine has come under increasing challenge. In a publication designed to commemorate Sir William's remarkable contribution to the development and understanding of public law, it is opportune to take account of how, in the old-established federal systems in the United States, Canada and Australia, restrictions, albeit limited in Canada and Australia, have developed to limit the power of legislatures to deal with voting power. This chapter discusses the interpretation which has been given to the provisions relating to voting in the three federal constitutions and the part which the parliamentary tradition has played in the evolution of the interpretation that has been accepted in Australia and Canada.
Signe Rehling Larsen
- Published in print:
- 2021
- Published Online:
- March 2021
- ISBN:
- 9780198859260
- eISBN:
- 9780191891700
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198859260.003.0002
- Subject:
- Law, EU Law
This chapter provides an outline of the constitutional theory of the federation and demonstrates how this theory provides an answer to the question of the legal and political nature of the EU. The ...
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This chapter provides an outline of the constitutional theory of the federation and demonstrates how this theory provides an answer to the question of the legal and political nature of the EU. The federation is a discrete political form that transcends the ‘statist’ categories of Staatenbund (confederation) and Bundesstaat (federal state). These categories still obscure both federal theory and EU law scholarship, including the ‘sui generis’ thesis. The federation, or federal union, is founded on a federal compact (Bundesvertrag) between its Member States. This compact is a constitutional contract (Verfassungsvertrag) that gives birth to a new political entity, the Union, and transforms the Member States’ constitutions politically. The federation is a double political existence, consisting of the Union and the Member States, and it therefore has twin sources of authority. The federation is a genuine political order characterized by the internal absence, contestation or repression of sovereignty.Less
This chapter provides an outline of the constitutional theory of the federation and demonstrates how this theory provides an answer to the question of the legal and political nature of the EU. The federation is a discrete political form that transcends the ‘statist’ categories of Staatenbund (confederation) and Bundesstaat (federal state). These categories still obscure both federal theory and EU law scholarship, including the ‘sui generis’ thesis. The federation, or federal union, is founded on a federal compact (Bundesvertrag) between its Member States. This compact is a constitutional contract (Verfassungsvertrag) that gives birth to a new political entity, the Union, and transforms the Member States’ constitutions politically. The federation is a double political existence, consisting of the Union and the Member States, and it therefore has twin sources of authority. The federation is a genuine political order characterized by the internal absence, contestation or repression of sovereignty.
Kenneth Owen
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198827979
- eISBN:
- 9780191866661
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198827979.003.0004
- Subject:
- History, American History: early to 18th Century, Political History
This chapter investigates the period between the federal Constitutional Convention of 1787 and the revision of the Pennsylvania State Constitution in 1790. Debates over the ratification of the US ...
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This chapter investigates the period between the federal Constitutional Convention of 1787 and the revision of the Pennsylvania State Constitution in 1790. Debates over the ratification of the US Constitution grew out of and reflected long-running Pennsylvanian debates over ideal forms of government. These debates—rhetorically and literally violent—saw Federalists adopt the language of their Anti-Federalist opponents in using popular sovereignty and a participatory political culture to justify their new frame of government. This widened debates on governmental reform to include extra-governmental activism alongside formal structures of government. Thus the success of Pennsylvanian Federalists in revising the state constitution in 1790 was only possible through legitimizing extra-governmental mobilization—which in turn ensured that the spirit of the 1776 constitution remained at the heart of Pennsylvanian politics.Less
This chapter investigates the period between the federal Constitutional Convention of 1787 and the revision of the Pennsylvania State Constitution in 1790. Debates over the ratification of the US Constitution grew out of and reflected long-running Pennsylvanian debates over ideal forms of government. These debates—rhetorically and literally violent—saw Federalists adopt the language of their Anti-Federalist opponents in using popular sovereignty and a participatory political culture to justify their new frame of government. This widened debates on governmental reform to include extra-governmental activism alongside formal structures of government. Thus the success of Pennsylvanian Federalists in revising the state constitution in 1790 was only possible through legitimizing extra-governmental mobilization—which in turn ensured that the spirit of the 1776 constitution remained at the heart of Pennsylvanian politics.
M. Govinda Rao and Nirvikar Singh
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195686937
- eISBN:
- 9780199080571
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195686937.003.0004
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter evaluates the role of bargaining, control, and commitment in shaping the structure of the Indian federation and in its working. It identifies the factors that have led to the strong ...
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This chapter evaluates the role of bargaining, control, and commitment in shaping the structure of the Indian federation and in its working. It identifies the factors that have led to the strong centralizing features of the federal constitution that was crafted after independence. It discusses the asymmetries in India’s federal structures, problems of commitment for the Central government, and issues of bargaining between the Centre and states, and between the Centre and various constituent groups.Less
This chapter evaluates the role of bargaining, control, and commitment in shaping the structure of the Indian federation and in its working. It identifies the factors that have led to the strong centralizing features of the federal constitution that was crafted after independence. It discusses the asymmetries in India’s federal structures, problems of commitment for the Central government, and issues of bargaining between the Centre and states, and between the Centre and various constituent groups.
Laura F. Edwards
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199669158
- eISBN:
- 9780191757365
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199669158.003.0004
- Subject:
- History, Political History, History of Ideas
The American Revolution embodied conflicting impulses. So did the post-revolutionary institutional order, which was bedevilled by tensions between efforts to limit and to expand popular participation ...
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The American Revolution embodied conflicting impulses. So did the post-revolutionary institutional order, which was bedevilled by tensions between efforts to limit and to expand popular participation in government. These tensions played out in relationships between people, state governments, and federal institutions. Those who devised constitutions were wary of concentrating power, but also of leaving too much power to the people; the weakness of government in practice, and the diffusion of ideas of popular sovereignty, encouraged many to assert themselves, including some who lacked formal rights. Revisions to old and the drafting of new state constitutions repeatedly revealed these tensions. The consolidation of authority at state level during the early nineteenth century profoundly affected relations between people and government. Formal ascriptions of right – as between men and women, or enslaved and free people - played a growing part in determining who had power not only in government but in society.Less
The American Revolution embodied conflicting impulses. So did the post-revolutionary institutional order, which was bedevilled by tensions between efforts to limit and to expand popular participation in government. These tensions played out in relationships between people, state governments, and federal institutions. Those who devised constitutions were wary of concentrating power, but also of leaving too much power to the people; the weakness of government in practice, and the diffusion of ideas of popular sovereignty, encouraged many to assert themselves, including some who lacked formal rights. Revisions to old and the drafting of new state constitutions repeatedly revealed these tensions. The consolidation of authority at state level during the early nineteenth century profoundly affected relations between people and government. Formal ascriptions of right – as between men and women, or enslaved and free people - played a growing part in determining who had power not only in government but in society.
Céline Romainville and Marc Verdussen
- Published in print:
- 2017
- Published Online:
- April 2017
- ISBN:
- 9780198746560
- eISBN:
- 9780191808487
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198746560.003.0017
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter looks at enforcement in the Belgian federal system. It first introduces the dynamics of Belgian federalism, how it channels processes of defiance to some extent through a dismantling of ...
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This chapter looks at enforcement in the Belgian federal system. It first introduces the dynamics of Belgian federalism, how it channels processes of defiance to some extent through a dismantling of the federal state, and how it avoids the issue of enforcement of federal law by federate entities by reference to the exclusivity and equality principles. The chapter then analyses the exceptional situations where the enforcement of federal law is clearly provided for—concurrently through framework competences and parallel competences. It likewise analyses expressions of defiance in the framework of cooperative Belgian federalism, before turning to the power of the Constitutional Court to sanction violations of the enforcement of federal law. Finally, the chapter examines the scenario where defiance is brought to a higher level, with the flagrant and explicit disrespect by the federate entities of the Federal Constitution and of the judgments of the Constitutional Courts.Less
This chapter looks at enforcement in the Belgian federal system. It first introduces the dynamics of Belgian federalism, how it channels processes of defiance to some extent through a dismantling of the federal state, and how it avoids the issue of enforcement of federal law by federate entities by reference to the exclusivity and equality principles. The chapter then analyses the exceptional situations where the enforcement of federal law is clearly provided for—concurrently through framework competences and parallel competences. It likewise analyses expressions of defiance in the framework of cooperative Belgian federalism, before turning to the power of the Constitutional Court to sanction violations of the enforcement of federal law. Finally, the chapter examines the scenario where defiance is brought to a higher level, with the flagrant and explicit disrespect by the federate entities of the Federal Constitution and of the judgments of the Constitutional Courts.
Lawrence M. Friedman and Grant M. Hayden
- Published in print:
- 2017
- Published Online:
- January 2017
- ISBN:
- 9780190460587
- eISBN:
- 9780190460624
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190460587.003.0010
- Subject:
- Law, Comparative Law
This chapter is about constitutional law and civil liberties. Both the federal constitution and state constitutions are discussed. A main focus of the chapter is on the power of judicial review, its ...
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This chapter is about constitutional law and civil liberties. Both the federal constitution and state constitutions are discussed. A main focus of the chapter is on the power of judicial review, its history and current practice. The chapter also examines the expansion of constitutional rights and civil liberties, especially in the areas of free speech and race discrimination. Finally, the chapter looks at how the U.S. constitution and system of judicial review have served as a model for many other countries.Less
This chapter is about constitutional law and civil liberties. Both the federal constitution and state constitutions are discussed. A main focus of the chapter is on the power of judicial review, its history and current practice. The chapter also examines the expansion of constitutional rights and civil liberties, especially in the areas of free speech and race discrimination. Finally, the chapter looks at how the U.S. constitution and system of judicial review have served as a model for many other countries.
Signe Rehling Larsen
- Published in print:
- 2021
- Published Online:
- March 2021
- ISBN:
- 9780198859260
- eISBN:
- 9780191891700
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198859260.001.0001
- Subject:
- Law, EU Law
What type of political association is the European Union? From the start of the European integration process, this question has puzzled scholars. Many different answers have been offered, but in the ...
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What type of political association is the European Union? From the start of the European integration process, this question has puzzled scholars. Many different answers have been offered, but in the absence of an agreed response, most scholars implicitly avoid the issue by suggesting that the European Union is sui generis. This book challenges the sui generis thesis by demonstrating that the European Union is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on a par with, though differentiated from, the other two forms of political modernity, namely the state and the empire. Therefore, the federation cannot be understood on the basis of the theory of the state, hereunder the concept of sovereignty. The ‘statist’ worldview still dominates both the debates on federalism and the European Union, meaning that all federal polities are seen either as ‘confederal’ associations of sovereign states or as sovereign federal states. The book challenges the statist schism of ‘federal’ versus ‘confederal’ by demonstrating that the federation is a discrete political form with a discrete constitutional theory, characterized by its own strengths and weaknesses. The federation is a political union of states founded on an interstate agreement of a constitutional nature, a federal compact, that does not absorb the Member States into a new state. It is characterized by a double political existence and the internal absence, contestation, or repression of sovereignty.Less
What type of political association is the European Union? From the start of the European integration process, this question has puzzled scholars. Many different answers have been offered, but in the absence of an agreed response, most scholars implicitly avoid the issue by suggesting that the European Union is sui generis. This book challenges the sui generis thesis by demonstrating that the European Union is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on a par with, though differentiated from, the other two forms of political modernity, namely the state and the empire. Therefore, the federation cannot be understood on the basis of the theory of the state, hereunder the concept of sovereignty. The ‘statist’ worldview still dominates both the debates on federalism and the European Union, meaning that all federal polities are seen either as ‘confederal’ associations of sovereign states or as sovereign federal states. The book challenges the statist schism of ‘federal’ versus ‘confederal’ by demonstrating that the federation is a discrete political form with a discrete constitutional theory, characterized by its own strengths and weaknesses. The federation is a political union of states founded on an interstate agreement of a constitutional nature, a federal compact, that does not absorb the Member States into a new state. It is characterized by a double political existence and the internal absence, contestation, or repression of sovereignty.
Thierry Tanquerel
- Published in print:
- 2021
- Published Online:
- September 2021
- ISBN:
- 9780198867609
- eISBN:
- 9780191904370
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198867609.003.0014
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines administrative procedure and judicial review in Switzerland. Article 29a of the Federal Constitution (Cst.) provides that 'In a legal dispute, every person has the right to have ...
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This chapter examines administrative procedure and judicial review in Switzerland. Article 29a of the Federal Constitution (Cst.) provides that 'In a legal dispute, every person has the right to have their case determined by a judicial authority. The Confederation and the Cantons may by law preclude the determination by the courts of certain exceptional categories of case'. It is widely recognized that Article 29a Cst. grants the right of judicial review of administrative action to everyone whose rights or obligations are affected by such an action. Judicial review of administrative action is entrusted partly to courts with general jurisdiction, partly to specialized administrative courts, and partly to specific independent appellate committees. As a general principle, procedural rights are deemed 'formal rights' by the Federal Tribunal, whose violation would cause the act or the measure at stake to be quashed irrespective of its substantive merits. However, there are certain acts or measures issued by Swiss authorities which escape judicial control, when those acts or measures are primarily of a political nature. When an act is appealed before a court, the only question at stake is the validity of the act. If the court finds it unlawful for procedural or substantive reasons, it will either quash it or modify it to make it lawful.Less
This chapter examines administrative procedure and judicial review in Switzerland. Article 29a of the Federal Constitution (Cst.) provides that 'In a legal dispute, every person has the right to have their case determined by a judicial authority. The Confederation and the Cantons may by law preclude the determination by the courts of certain exceptional categories of case'. It is widely recognized that Article 29a Cst. grants the right of judicial review of administrative action to everyone whose rights or obligations are affected by such an action. Judicial review of administrative action is entrusted partly to courts with general jurisdiction, partly to specialized administrative courts, and partly to specific independent appellate committees. As a general principle, procedural rights are deemed 'formal rights' by the Federal Tribunal, whose violation would cause the act or the measure at stake to be quashed irrespective of its substantive merits. However, there are certain acts or measures issued by Swiss authorities which escape judicial control, when those acts or measures are primarily of a political nature. When an act is appealed before a court, the only question at stake is the validity of the act. If the court finds it unlawful for procedural or substantive reasons, it will either quash it or modify it to make it lawful.