Download e-book for iPad: Constitutional Origins, Structure, and Change in Federal by John Kincaid, Alan Tarr

By John Kincaid, Alan Tarr

ISBN-10: 0773528490

ISBN-13: 9780773528499

Supplying examples of numerous varieties of federalism, together with new and mature, constructed and constructing, parliamentary and presidential, and common-law and civil legislations, the comparative reports during this quantity examine executive in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the us. each one bankruptcy describes the provisions of a structure, explains the political, social, and old components that encouraged its production, and explores its functional software, the way it has replaced, and destiny demanding situations, supplying useful rules and classes for federal constitution-making and reform.

The members comprise: 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 variation is drawing close within the Fall 2005 as Les origines, constitution, et changements constitutionnels dans les can pay federaux.

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New PDF release: Constitutional Origins, Structure, and Change in Federal

Supplying examples of various varieties of federalism, together with new and mature, built and constructing, parliamentary and presidential, and common-law and civil legislations, the comparative reports during this quantity examine executive in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the USA.

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

Sample text

30 There is and always has been a single Australian common law, declared by the High Court in its capacity as the court of final appeal. Second, many important constitutional rules lie outside the Constitution. These include, for example, the rules establishing effective Australian independence, most recently set forth in the Australia Acts 1986. Third, the attitude toward constitutionalism that underlies the preference for evolution affects Australia's approach to constitutional change. Major changes tend to be made without alteration of the constitutional text or with as little alteration as possible.

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. The actual operation of Australia's federal system over the course of more than 100 years has been the result of political developments and judicial decisions occurring within a relatively flexible framework.

61 With regard to relations 28 Cheryl Saunders between the executive and the legislature, the legislature may withdraw confidence from the executive, while the executive may dissolve the lower House of the legislature by advising the governor general to do so. New laws must be passed by Parliament, which is also expected to play the usual role of scrutinizing executive action. In practice, the Senate has made the Commonwealth Parliament more effective in this regard because, for reasons explained below, the Senate is generally constituted differently from the House of Representatives.

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


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