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Vol 24 No 8 Aug/Sept 2019

Book of the Month

Cover of Fisher and Lightwood's Law of Mortgage

Fisher and Lightwood's Law of Mortgage

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The Federal Idea: Public Law Between Governance and Political Life


ISBN13: 9781509935673
To be Published: December 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £35.00
Hardback edition , ISBN13 9781509907113



A significant part of the world's population lives under some sort of federal arrangement. And yet, the concepts of federalism and federation remain under-theorised. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed public law theories that capture the specificity of this type of polity.

Bringing together contributions from leading public law theorists and intellectual historians, this volume explores the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and charts new departures in federalist theory and federal power-sharing. At a time when we look for more inclusive ways of ordering public life, the volume fills an urgent theoretical and political need.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction: Federalism and Public Law Theory - Amnon Lev
I. Making Public Law Work as Theory
II. Modes of Federalism
III. Aspects of the Federal Idea: An Overview of the Volume
Part I: Theorising Federalism
1. The Federal Condition - Nicholas Aroney
I. The Liberal Condition
II. The Federal Condition
2. Federation and Empire: About a Conceptual Distinction of Political Forms - Olivier Beaud
I. The Federation as a Political Form and its Relation to Empire
II. The Ideal Typical Opposition between Federation and Empire
III. An Illustration in Law: Federative Compact and Federal Treaty
IV. Some Remarks on Unity and Diversity
3. Towards a Deontic-Axiomatic Theory of Federal Adjudication - Jean-François Gaudreault-DesBiens
I. Preliminary Remarks
II. Ambitions and Limits of a Normative, Deontic-Axiomatic Theory of Federalism
III. Conclusion
Part II: Governing the Federation
4. Federalism and the Separation of Powers - Jessica Bulman-Pozen
I. Cooperative and Uncooperative Federalism
II. Checking the Federal Executive on Behalf of Congress
III. Fractal Separation of Powers
IV. Conclusion
5. Federalism as a Mode of Governance: Autonomy, Identity, Power, and Rights - Edward L. Rubin
I. The Essence of Federalism: Partial Political Autonomy
II. The Motivation for Federalism: Divergent Political Identity
III. The Features of Federalism as a Modality of Government
IV. The Normative Basis for Federalism
V. Conclusion
6. Executive Power in Federations - Cheryl Saunders
I. Federal Design
II. Separation of Powers
III. Australia
IV. Conclusions
Part III: Federal Trajectories
7. Woodrow Wilson and the Challenge of Federalism in World War One - Duncan Kelly
I. Woodrow Wilson on Democracy and Federalism
II. Pan-Nationalism
III. Federation and Federalism
8. Federalism and the Ends of Europe - Amnon Lev
I. Federalism in the European State System
II. Theorising the Federation
III. Crisis and Post-Humanism: Federalising Europe
9. Federalism and Democracy: The Far-Reaching Dynamism of Democratic Federations - Dwight Newman
I. Federalism and Democracy in the Secession Reference
II. Federalism as a Response to Divided Demoi
III. Federalism and the Construction of Divided Demos-Identities
IV. Federalism, Democracy, and Dynamism
10. Federalism and the Plurinational Challenge - Stephen Tierney
I. Federalism: Why Does it Matter, What is it?
II. Inherent Tensions in the Federal Idea
III. The Plurinational State and Federalism
IV. Why Does this Matter?
V. Plurinational Scholarship and the Liberal Theory of the State
VI. Implications for Federal Theory and Practice
VII. E Pluribus Unum: The Plurinational Challenge
VIII. Plurinational Federation and Sovereignty
IX. Conclusion

Series: Hart Studies in Comparative Public Law

The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
To be published November 2019
Hart Publishing
£50.00
Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? ISBN 9781509933105
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£40.00
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
To be published September 2019
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£35.00
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
Published August 2019
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£35.00
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
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£40.00
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
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£85.50 + £17.10 VAT
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Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
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£95.00
£50.00
£60.00
Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
Publication Abandoned
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£32.99
Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published May 2018
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£65.00
£58.50 + £11.70 VAT
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Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
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£32.99
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
Hart Publishing
£72.00 + £14.40 VAT
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Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£80.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
£29.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
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£65.00
£100.00
£45.00 + £9.00 VAT
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
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£27.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
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£33.99
The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£70.00
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
£63.00 + £12.60 VAT
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£90.00 + £18.00 VAT
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£100.00
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
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£36.99
£76.50 + £15.30 VAT
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£70.00
£31.50 + £6.30 VAT
(ePub)
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Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£31.50 + £6.30 VAT
(ePub)
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£70.00
£31.50 + £6.30 VAT
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£70.00
Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
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£85.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
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£36.00 + £7.20 VAT
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Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
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£29.68 + £5.94 VAT
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
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£65.00
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Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£29.68 + £5.94 VAT
(ePub)
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
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£70.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
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Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
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£25.18 + £5.04 VAT
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
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£70.00
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
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£30.58 + £6.12 VAT
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£80.00
£33.28 + £6.66 VAT
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£80.00
Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published January 2015
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£42.99
Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
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£38.68 + £7.74 VAT
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
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Constitutionalising Secession ISBN 9781849464376
Published February 2014
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£75.00
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
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£67.50 + £13.50 VAT
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Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
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Israeli Constitutional Law in the Making ISBN 9781849464093
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
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The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
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