By Daniel Halberstam, Mathias Reimann
How and to what measure do federations produce uniform legislations inside their process? This comparative empirical learn addresses those questions comprehensively for the 1st time. initially produced less than the auspices of the overseas Academy of Comparative legislations, this quantity examines criminal unification in twenty federations around the globe.
Each of the successive chapters offers the forces of unification in the course of the lens of a selected federal procedure. A comparative evaluation bankruptcy offers an in depth research of the final effects with compelling visible illustrations of criminal unification alongside diverse dimensions (e.g. via region of legislations; via federation; by means of civil vs universal legislation system). The review bankruptcy summarizes and analyzes the potential and strategies of criminal unification and the measure of felony unification of every method, and explains the riding forces of felony solidarity and variety in federations extra typically.
The quantity offers magnificent findings that are meant to make students reconsider their abandonment of the civil legislations vs. universal legislations contrast in comparative legislations.
This booklet is a milestone within the research of federalism. it's a infrequent and welcome melding of comparative legislations and comparative politics utilizing either unique facts and qualitative research. Wide-ranging, probing, and definitive, this booklet is a useful source for college kids of legislations, politics, and multi-level governance.
Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam
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Additional resources for Federalism and Legal Unification: A Comparative Empirical Investigation of Twenty Systems
Sample text
2. 65 There are, of course, prominent exceptions, such as the European Union. The Spanish Constitution should be noted in this regard as well, as it is open-ended in the sense that it not only unifies, but also invites diversity. Indeed, the potential for diversity in the Spanish Constitution has not (yet) been exhausted. 66 This idea of local autonomy as a means to enhance efficiency by encouraging sorting among (potential) residents of local jurisdictions has been championed since Charles M. Tiebout’s classic article “A Pure Theory of Local Expenditures Export,” 64 The Journal of Political Economy 416 (1956).
Torts (Oxford: Hart, 1999). 41 See Alexandra Braun, Guidici e Accademia nell’esperienza inglese. Storia di un dialogo (Mulino: Bologna 2006). , Dan Dobbs, The Law of Torts (St. , New York: Aspen Publishers, 2008); James J. , St. Paul: West Group, 2002). 1 Federalism and Legal Unification: Comparing Methods, Results. . 23 probable exception of the European Union, where a system-wide bar has yet to develop. 44 This is not surprising in systems where central law dominates anyway, as in Austria, Germany, India, Italy, Russia, and South Africa.
Yet, in some federations the average unification of law seems to reflect the legislative centralization score better than in others. In a few federations (at the top end), notably Mexico, the United States, Australia, and Germany, the law is considerably more unified than the 77 We should emphasize that the empirically significant fact is the general regularity of the correlation between the legislative centralization score and the unification score across federations, not the correspondence of absolute scores for a particular federation taken in isolation.