This book uses a comparative approach to examine and explain the contemporary nature and meaning of federalism and federation. The author provides both a detailed theoretical study and empirical case studies on contemporary federations.
The study of federalism can be problematic and this book seeks to overcome some of the obstacles by distinguishing between federation, a particular kind of state, and federalism, the recommendation and promotion of support for federation. Written in a clear and accessible style, the author:
- Analyzes the conceptual bases of federalism and federation through the evolution of the intellectual debate on federalism; the American Federal experience; the origins of federal states; and the relationship between state-building and national integration.
- Explores comparative federalism and federation, looking at five main pathways into comparative analysis with empirical studies on the US, Canada, Australia, India, Malaysia, Belgium, Germany, Austria, Switzerland and the EU.
- Explores the pathology of federations, looking failures and successes, the impact of globalisation and concludes with an assessment of federal theory.
This book will be of interest to students and researchers of federalism, devolution and comparative politics and government.

Is the nation state under siege? A common answer is that globalization poses two fundamental threats to state sovereignty. The first threat concerns the unleashing of centrifugal and centripetal forces such as increasing market integration and the activities of institutions like the IMF, World Bank, and WTO- that imperil state sovereignty from "outside" the nation state. The second threat emanates from self-determination movements that jeopardize state sovereignty from "inside" the nation state.
This book rigorously analyzes popular hypotheses regarding globalization's effect on state sovereignty from a broad social sciences perspective. Using empirical evidence the authors suggest that globalization's multilevel threats to state sovereignty have been overestimated. In most instances globalization is likely to generate pressure for increased government spending while only one form of market integration - foreign direct investment by multinational enterprises - appears to increase any feeling of economic insecurity.
Also contrary to popular perception, the net effect of IMF conditionality may be positive, limits on state sovereignty by multilateral development banks are not inevitable, and the WTO is not necessarily a threat to state sovereignty. Furthermore, globalization is likely to increase the risk of secessionism only in very specific conditions and while some self-determination movements may find globalization useful, on the whole countries with more open economies appear less likely to house self determination movements and are more likely to implement policies of fiscal centralization.

Noted experts examine America's power to go to war historically and recently, now that the Cold War has ended. They propose ways that the Congress and the president might develop a new working consensus for dealing with the use of military or paramilitary force in the future. This scholarly study of constitutional and statutory proscriptions, UN treaty and international obligations, and judicial restraints is essential reading for undergraduate and graduate students, law students, teachers, and professionals concerned with constitutional interpretation, the government's division of power, and war making.

In his essay "The end of laissez-faire," Keynes distinguished between the agenda and the non-agenda of government. This book asks how we interpret that distinction today.
A ground-breaking collection concerned with rethinking the contemporary role of the state.
Comprises essays written by leading scholars and politicians.
Looks back at the expansion of the social democratic state in post-war Britain, and at the subsequent challenge to this from neo-liberal ideas and policies.
Discusses new doctrines for managing the state, new conceptions of the state, and new ideas for organising the delivery of public services.
Covers current concepts, such as the enabling state, and topical issues such as public private partnerships.
Goes beyond traditional 'state versus market' arguments.
Opens up new conceptual and practical territory.

How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today.
There are two schools of thought on how to answer this question. Under the heading of "accommodation," some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of "integration" that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples.
In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

In recent years much has been said about governance and corruption in Asia, both before and after the 1997 crisis. This edited volume analyses the causes of corruption in East and Southeast Asia and considers the means of limiting and wherever possible eliminating the problem through better governance.
Taking a country-by-country approach the book explores the diversity in the quality of governance and patterns of corruption among countries and regions. Insightful analysis of these differences and similarities is used to argue that political will, appropriate structures and legislation, and political transparency are required if corruption is to be stopped. All these are needed along with a strategy relevant to the circumstances of the particular country concerned.
This volume outlines the key principles of good governance and the policies and practices essential for their application. As such, Corruption and Good Governance in Asia represents an extremely valuable contribution to our understanding of corruption and how to tackle the problem.

The freedoms of speech and religion assumed a sacrosanct space in American notions of civil liberty. But it was not until the twentieth century that these freedoms became prominent in American constitutional law; originally, the first ten amendments applied only to the federal government and not to the states. Murray Dry traces the trajectory of freedom of speech and religion to the center of contemporary debates as few scholars have done, by looking back to the American founding and to the classical texts in political philosophy that shaped the founders' understanding of republican government. By comparing the colonial charters with the new state constitutions and studying the development of the federal Constitution, Dry demonstrates the shift from governmental concern for the salvation of souls to the more limited aim of the securing of rights. For a uniquely rich and nuanced appreciation of this shift Dry explores the political philosophy of Locke, Spinoza, Montesquieu, and Mill, among others, whose writings helped shaped the Supreme Court's view of religion as separate from philosophy, as a matter of individual faith and not a community practice. Delving into the polyvalent interpretations of such fundamental concepts as truth, faith, and freedom, Civil Peace and the Quest for Truth immeasurably advances the study of American constitutional law and our First Amendment rights.

This volume, first published in 1925, presents a clear background to the then-contemporary political situation in China, and in doing so sheds much light on the history of Chinese politics. In focusing on the political organization it generates an insightful study of Chinese government.

Japan's political stability was shattered after the general election of July 1993 when the conservative Liberal Democratic Party's thirty-eight year domination ended in defeat. This book examines the impact the 1993 general election had on Japanese politics. Although the LDP regained the position of a ruling party within a year, Hori questions whether the Japanese political system has managed to maintain the same efficacy as it had prior to 1993.

Using institutional analysis Hori argues that this fundamental change caused major institutional transformations; a decline in the importance of LDP organisations in the decision-making process of the government and the Diet, weakened management of the LDP through factions, and detached attitudes of LDP members to MOF bureaucrats. Hori analyzes three cases, one prior to and two after the 1993 election, illustrating just how ineffective the close cooperation between MOF bureaucrats, LDP executives and faction leaders became.

This book is composed of two parts. The first comprises chapters on the connection between memory and forgetfulness in Europe during the twentieth century; on women's experience of becoming recognized as full subjects in the time of the crisis and 'death' of the so-called universal subject; and on the conjugation between utopia and desire in the 1968 movements of students, women and workers. Oral history, feminist theory and practice and the history of the new social movements are the disciplinary fields in which these chapters are situated and from which they interpret the past. The second part is resolutely concerned with the present, and particularly with the sense of belonging to Europe that has emerged in the last 15-20 years among the generations of 1968.

In 1917, barely into his second term as governor of Texas, James E. Ferguson was impeached, convicted, and removed from office. Impeached provides a new examination of the rise and fall of Ferguson's political fortunes, offering a focused look at how battles over economic class, academic freedom, women's enfranchisement, and concentrated political power came to be directed toward one politician. Jessica Brannon-Wranosky and Bruce A. Glasrud have brought together top scholars to shine a light on this unique chapter in Texas history. An overview by John R. Lundberg offers a comprehensive survey of the impeachment process. Kay Reed Arnold then follows the Ferguson story into the halls of academia at the University of Texas-which Ferguson threatened to close-sparking a fierce response by faculty, alumni, students, and, especially, the Women's Committee for Good Government. Rachel M. Gunter further places the Ferguson impeachment in the context of the suffrage movement. Leah LaGrone Ochoa then explores Ferguson's hot-and-cold relationship with the Texas press, and Mark Stanley examines the impact of the impeachment on Texas politics in the decades that followed. Jessica Brannon-Wranosky concludes with an assessment of the historical memory of Ferguson's impeachment throughout the twentieth and twenty-first centuries. Impeached: The Removal of Texas Governor James E. Ferguson, reveals how power ebbed and flowed in twentieth-century Texas and includes several annotated primary documents critical to understanding the Ferguson impeachment.

First Published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

Most international attention on Myanmar has focused on the political situation, where the military, in power since 1962, continues to refuse to acknowledge the results of democratic elections, and on related human rights issues. This book, by focusing on education, health and environment, and on the institutions which formulate and deliver policy in these fields, shows how the international community can make a significant difference to strengthening Myanmar's civil society and to supporting a future democratic form of government, by encouraging institutional developments in these fields. Such developments in turn, the author argues, will re-skill the younger generation, promote economic development and poverty alleviation, and, through a participatory approach to policy-making, nurture the conditions from which democracy will grow.

Integrating the study of individual European nation-states within the framework of the European Union, this unique new text is essentially two books in one: a book on the EU and a comparative introduction to European politics. This text provides more value to students by combining two texts in one, but engages student interest and facilitates learning through a variety of useful features. Role-playing exercises encourage participation and test students' critical thinking skills, while an emphasis on the people behind the politics "humanizes" material and provides lively insights into contemporary European politics and society. To ensure student understanding, there is extensive material comparing and contrasting EU states to one another and to the United States, a thorough glossary at the end of the book, and an abundance of examples, tables, charts, and graphs to illustrate and extend the discussions.

Pennsylvania Constitutional Development has proven to be the definitive study of the history of Pennsylvania's constitution in its first four incarnations. Rosalind Branning's critique, first published in 1960, reflects the movement that led to the constitution of 1968. After tracing the history of the 1776 constitution and its earliest revisions--in 1790 and 1838--Branning primarily focuses on the constitutional convention of 1872-73 and the resulting document of 1874, which endured for almost a century. She uses the published Debates, newspaper files, and the observations of contemporary writers and statesmen to provide a detailed and engaging study of the politics and leadership of the time. Her analysis demonstrates that this constitutional convention produced an instrument that was designed to meet nineteenth-century needs but would need significant revisions by future generations. Foreseeing the very issues that would be addressed in the 1967-68 constitutional convention, Branning identifies the elements that are necessary for successful constitutional lawmaking. The evolution of Pennsylvania's body of laws serves as a cogent example of the opportunities and foibles intrinsic to the process of defining effective governance of a state. Pennsylvania Constitutional Development remains an essential resource for students and historians, and should be read by anyone interested in the government of the Keystone State.

Liberal democracies are predicated on popular sovereignty - the ideal of government for and by the People. Throughout the developed world indigenous peoples continue to deny legitimacy to otherwise popular governments because their consent has never been sought. Using examples from Australia, New Zealand, Canada and the USA, this book tackles the problem of democratic legitimation from the perspective of indigenous peoples, arguing that having suffered conquest, these people cannot be said to consent until conditions for their consent have been realised. These conditions include constitutional change that recognizes indigenous law as the 'law of the land' - a radical proposal going far beyond the current limits of self-determination.

How has Russia's political elite struggled to build a federal system of government out of the rubble of the Soviet empire?  This ground-breaking book examines the public debates, official documents, and political deals that built Russia's federal house, and analyzes the strength of its troubled foundation.

Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law"--within which the study of international law was his special field of work. The present volume, General Theory of Law and State, first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence.

The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries." Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, General Theory of Law and State is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German.

The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.

Many government bodies relate to each other through 'contracts', but these contracts are not, in general, regulated or enforced by the law. Drawing on the results of a case-study of NHS contracts, this book identifies significant problems faced by the parties to internal government contracts, many of which stem from the lack of legal regulation. The book uses a novel public law analysis to suggest ways of making internal contracts work more fairly and effectively.

We still imagine ourselves a nation of laws, not of men. This is not merely an article of faith but a bedrock principle of the United States Constitution. Our founding compact provides a remedy against rulers supplanting the rule of law, and Andrew C. McCarthy makes a compelling case for using it. The authors of the Constitution saw practical reasons to place awesome powers in a single chief executive, who could act quickly and decisively in times of peril. Yet they well understood that unchecked power in one person's hands posed a serious threat to liberty, the defining American imperative. Much of the debate at the Philadelphia convention therefore centered on how to stop a rogue executive who became a law unto himself. The Framers vested Congress with two checks on presidential excess: the power of the purse and the power of impeachment. They are potent remedies, and there are no others. It is a straightforward matter to establish that President Obama has committed "high crimes and misdemeanors," a term signifying maladministration and abuses of power by holders of high public trust. But making the legal case is insufficient for successful impeachment, leading to removal from office. Impeachment is a political matter and hinges on public opinion. In Faithless Execution, McCarthy weighs the political dynamics as he builds a case, assembling a litany of abuses that add up to one overarching offense: the president's willful violation of his solemn oath to execute the laws faithfully. The "fundamental transformation" he promised involves concentrating power into his own hands by flouting law--statutes, judicial rulings, the Constitution itself--and essentially daring the other branches of government to stop him. McCarthy contends that our elected representative are duty-bound to take up the dare. What are "High Crimes and Misdemeanors"? Impeachment is rare in American history--and for good reason. As the ultimate remedy against abuse of executive power, it is politically convulsive. And yet, as the Framers understood, it is a necessary protection if the rule of law is to be maintained. But what are impeachable offenses? There is widespread confusion among the American people about the answer to this question. Article II of the Constitution lists treason and bribery, along with "other high crimes and misdemeanors as the standard for impeachment. Despite what "crimes" and "misdemeanors" connote, the concept has precious little to do with violations of a penal code. Rather, it is about betrayal of the political trust reposed in the president to execute the laws faithfully and "preserve, protect and defend" our constitutional system, as his oath of office requires. At the constitutional convention in 1787, the delegates concurred that the "high crimes and misdemeanors" standard captured the many "great and dangerous offenses" involving malfeasance, incompetence, and severe derelictions of duty that could undermine the constitutional order. The Framers were clear that "high crimes and misdemeanors" involved misconduct that did not necessarily break penal laws; it might not even be considered criminal if committed by a civilian. It would apply strictly to "the misconduct of public men ...or the abuse or violation of public trust," as Alexander Hamilton put it. "High crimes and misdemeanors" are of a purely political nature as they "relate to injuries done immediately to the society itself." To be clear, "high crimes and misdemeanors" is not a standard conceived for normal law enforcement. It applies instead to oath, honor, and trust--notions that are more demanding of public officials than the black and white prohibitions of criminal law. While the standard is high-minded it is not an abstraction. The Framers were very clear: betrayals of the constitutional order, dishonesty in the executive's dealing with Congress, and concealment of dealings with foreign powers that could be injurious to the American people were among the most grievous, and impeachable, high crimes and misdemeanors. Above all, the Framers had in view the president's oath of allegiance to our system of government, a system in which the president's highest duty is faithful execution of the laws. The mere attempt to subvert the constitution would be a breach of trust that warranted impeachment and removal. A free country requires the rule of law. But the rule of law is a sham if lawlessness is rampant among those who govern. This was the deep political truth that the Framers of this country recognized in the providing for the impeachment of an errant executive. It is a truth that we ignore at our peril. Faithless Execution Author Q&A You are a well-known conservative commentator -- how would you answer the accusation that Faithless Execution is just a partisan stunt? McCarthy: Well, 'conservative' does not mean 'Republican'--in fact, the book is not very flattering when it comes to GOP fecklessness in the face of the president's lawlessness. But the main point is: Faithless Execution argues against partisan hackery. I analyze the legal case for impeachment as a former prosecutor who would not go to court without a sufficient case. And as far as the politics goes, I argue that, despite the sizable majority Republicans hold in the House, articles of impeachment should not be filed unless and until there is a strong public will to remove the president from power--one that transcends party lines. Many Republicans say an effort to impeach Barack Obama is political suicide for the Republican Party. How do you respond to this? McCarthy: The failure to pursue impeachment is likely to be suicide for the country, which is much more important than the political fate of the Republican Party. But, again, making the case for impeachment--which would probably help not only Republicans but any elected official who defends our constitutional framework--is not the same as moving forward with articles of impeachment, which should not happen absent public support. How does the case for Barack Obama's impeachment compare to the campaigns to impeach Nixon and Clinton? McCarthy: Obama's presidency is a willful, systematic attack on the constitutional system of separation of powers, an enterprise that aims to bring about a new regime of government by executive decree. This is exactly the kind of subversion the Framers designed the impeachment power to address. The Nixon and Clinton episodes involved misconduct that did not aim to undermine our constitutional framework. You describe impeachment as a political and not a legal remedy. What's the distinction? McCarthy: Legally speaking, a president may be impeached for a single offense that qualifies as "high crimes and misdemeanors"--a breach of the profound public trust vested in the president, a violation of his constitutional duty to execute the laws faithfully. But real impeachment requires the public will to remove the president from office. You can have a thousand impeachable offenses, but without that political consensus, impeachment is not an appropriate remedy.

Japan's Interventionist State gives a detailed examination of Japan's Ministry of Agriculture, Forestry and Fisheries and its role in promoting, protecting and preserving the regime of agricultural support and protection. This account is integral to the author's extended and multidimensional explanation for why Japan continues to provide high levels of assistance to its farmers and why it continues to block market access concessions in the WTO and other agricultural trade talks.

Providing a detailed analysis of Thailand's political development since 1932, when Thailand became a constitutional monarchy, until the present, this book examines the large number of different versions of the constitution which Thailand has had since 1932, and explains why the constitution has been subject to such frequent change, and why there have been so many outbursts of violent, political unrest. It explores the role of the military, and, most importantly, discusses the role of the monarchy, which, as the author shows, has been crucial in holding Thailand together through the various changes of regime. The author brings to light original and largely unseen documents from the Public Records Office and US National Archives, as well as drawing upon her extensive knowledge of politics in Thailand.

This title was first published in 2001. Based on a unique set of structured interviews with parliamentarians and additional interviews with party leaders and activists, this significant volume provides an illuminating account of the formation of the new democracies in Czechoslovakia and later, the Czech Republic and Slovakia. Examining efforts to construct stable democratic parliamentary regimes in the wake of communist breakdown, it provides a rigorous analysis of parliaments' relations with the electorate and the executive, as well as their internal working. Richly detailed and clearly written, this original study is an invaluable addition to the collection of anyone interested in post-communist Europe or parliamentary studies.

Based on unprecedented access to the UK Parliament, this book challenges how we understand and think about accountability between government and Parliament. Drawing on three months of research in Westminster, and over forty-five interviews, this book focuses on the everyday practices of Members of Parliament and officials to reveal how parliamentarians perform their scrutiny roles. Some MPs become specialists while others act as lone wolves; some are there to try to defend their party while others want to learn about policy. Amongst these different styles, chairs of committees have to try to reconcile these interpretations and either act as committee-orientated catalysts or attempt to impose order as leadership-orientated chieftains. All of this pushes and pulls scrutiny in competing directions, and tells us that accountability depends on individual beliefs, everyday practices and the negotiation of dilemmas. In this way, MPs and officials create a drama or spectacle of accountability and use their performance on the parliamentary stage to hold government to account. Dramas at Westminster: Select committees and the quest for accountability offers the most up-to-date and detailed research on committee practices in the House of Commons, following a range of reforms since 2010. -- .