Federalism and Legal Unification, 1st Edition

  • Published By:
  • ISBN-10: 9400773986
  • ISBN-13: 9789400773981
  • DDC: 321.02
  • Grade Level Range: College Freshman - College Senior
  • 559 Pages | eBook
  • Original Copyright 2014 | Published/Released December 2014
  • This publication's content originally published in print form: 2014

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How and to what degree do federations produce uniform law within their system?  This comparative empirical study addresses these questions comprehensively for the first time.  Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system.  A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system).  The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally.  The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance.Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

Table of Contents

Front Cover.
Half Title Page.
Other Frontmatter.
Title Page.
Copyright Page.
1: Comparative Analysis.
2: Federalism and Legal Unification: Comparing Methods, Results, and Explanations Across 20 Systems.
3: National Reports.
4: The Argentine Federal Legislative System.
5: The Australian Federation: A Story of the Centralization of Power.
6: Federalism and Legal Unification in Austria.
7: Belgium: A Broken Marriage?.
8: Federalism and Legal Unification in Brazil.
9: Unification of Laws in Federal Systems: The Canadian Model.
10: The European Union: A Federation in All but Name.
11: Unification of Laws in the Federal System of Germany.
12: India: From Political Federalism and Fiscal Centralization to Greater Subnational Autonomy.
13: Emergence of the Italian Unitary Constitutional System, Modified by Supranational Norms and Italian Regionalism.
14: Federalism and Legal Unification in Malaysia.
15: Federalism and Legal Unification in Mexico.
16: How Federal is the Russian Federation?.
17: Federalism and Legal Unification in South Africa.
18: The Trend Towards Homogenization in the Spanish ‘State of Autonomies’.
19: Federalism and Legal Unification in Switzerland.
20: The United Kingdom: Devolution and Legal Unification.
21: United States Federalism: Harmony Without Unity.
22: Venezuela: The End of Federalism?.