This book examines patterns of environmental regulation in the
European Union and four federal polities--the United States,
Germany, Australia, and Canada. Daniel Kelemen develops a theory of
regulatory federalism based on his comparative study, arguing that
the greater the fragmentation of power at the federal level, the
less discretion is allotted to component states. Kelemen's analysis
offers a novel perspective on the EU and demonstrates that the EU
already acts as a federal polity in the regulatory arena.
In "The Rules of Federalism," Kelemen shows that both the
structure of the EU's institutions and the control these
institutions exert over member states closely resemble the American
federal system, with its separation of powers, large number of veto
points, and highly detailed, judicially enforceable legislation. In
the EU, as in the United States, a high degree of fragmentation in
the central government yields a low degree of discretion for member
states when it comes to implementing regulatory statutes.
General
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