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Federalism and the Environment - Environmental Policymaking in Australia, Canada, and the United States (Hardcover, New)
Loot Price: R2,765
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Federalism and the Environment - Environmental Policymaking in Australia, Canada, and the United States (Hardcover, New)
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This edited volume is a comprehensive examination of the legal
framework in which environmental policy is fashioned in the major
English-speaking federations-the United States, Canada, and
Australia. The need for national solutions to environmental
problems emerged long after the largest share of governmental power
was allotted to states or provinces. This volume attempts to solve
the paradox of how a country can have effective laws protecting the
environment, vigorously enforced, when legislative and
administrative powers are divided between two tiers of government.
The contributors analyze environmental lawmaking along three
dimensions. Part I describes the formal constitutional allocation
of powers between states or provinces and the federal government,
concluding that on paper environmental protection is essentially a
local responsibility, although the reality is far different. In
Part II the contributors explore the extent to which governments
resort to informal negotiations among themselves to resolve
environmental disputes. Part III is a thorough canvassing of the
judiciary's role in making environmental policy and resolving
disputes between levels and branches of government. In Australia
and Canada, the courts play a relatively less important role in
formulating policy than in the United States. In conclusion, the
work shows that the level of environmental protection is relatively
high in these three federations. Environmental politics, the work
suggests, may be less divisive in federations than in unitary
systems with comparable levels of development.
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