Democratic Federalism

2020 ◽  
Author(s):  
Robert Inman ◽  
Daniel L. Rubinfeld
Keyword(s):  
Local Governments ◽  
The European Union ◽  
Federal Policies ◽  
Policy Ideas ◽  
Comparative Case Studies ◽  
State And Local ◽  
The Right ◽  
Federal Governance ◽  
Elected Representatives ◽  
Effective Path

Around the world, federalism has emerged as the system of choice for nascent republics and established nations alike. This book considers the most promising forms of federal governance and the most effective path to enacting federal policies. The result is an essential guide to federalism, its principles, its applications, and its potential to enhance democratic governance. The book assess different models of federalism and their relative abilities to promote economic efficiency, encourage the participation of citizens, and protect individual liberties. Under the right conditions, the book argues, a federal democracy—including a national legislature with locally elected representatives—can best achieve these goals. Because a stable union between the national and local governments is key, the book also proposes an innovative method for evaluating new federal laws and their possible impact on state and local governments. Finally, to show what the adoption of federalism can mean for citizens, the book discusses the evolution of governance in the European Union and South Africa's transition from apartheid to a multiracial democracy. Interdisciplinary in approach, the book brims with applicable policy ideas and comparative case studies of global significance.

Guns on Campus: Surveying a rugged post-Heller/ McDonald landscape

2013 ◽  
Vol 45 (1-2) ◽  
pp. 77-108 ◽  
Author(s):  
Leif Magne Lervik
Keyword(s):  
Local Governments ◽  
Public Colleges ◽  
Concealed Weapons ◽  
Second Amendment ◽  
Academic History ◽  
Recent Developments ◽  
State And Local ◽  
Public Colleges And Universities ◽  
The Right ◽  
The U.S

In June 2008, the U.S. Supreme Court ruled that the Second Amendment to the U.S. Constitution guarantees an individual the right to keep and bear arms. Two years later, this decision was also made applicable to state and local governments. Today, seven U.S. states have provisions allowing the carrying of concealed weapons on their public senior high school campuses. This article, introduced by a brief comment on the Second Amendment’s legal and academic history, traces several recent developments of legal change. It discusses relevant arguments and attitudes towards guns on campus, and explores issues of future concern for public colleges and universities within the realm of firearms and campus safety.

scholarly journals Constitutional basis of Austria’s accession to the European Union

2009 ◽  
pp. 111-119
Author(s):  
E. A. Vodyanitskaya
Keyword(s):  
Decision Making ◽  
European Union ◽  
Local Governments ◽  
Security Policy ◽  
Central Government ◽  
National Council ◽  
The European Union ◽  
Federal Constitution ◽  
The Right ◽  
The Eu

On 1 January 1995 Austria became a member of the European Union. Austria’s accession to the EU constituted the most important transfer of jurisdiction in the history of the Federal Constitution. On this occasion the Austrian legislature passed an amendment to the Federal Constitution which provides for the participation of Austrian organs in the decision-making process of the European Union. The legal basis of Austria’s membership in the EU is the treaty on accession to the European Union and the special constitutional bill authorizing the competent authorities to ratify the treaty on accession. First of all, provisions on the election of Austrian members to the European Parliament were introduced by the amendment into the Constitution. Secondly, the amendment contains a procedure for participation of the Austrian lands and local governments in the decisions of the European Union. Thirdly, the legislative bodies on the central government level (National Council and Federal Council) are also accorded the right to participate in decision-making of the EU. Finally, a special provision confirming Austria’s participation in the Common Foreign and Security Policy of the Union was introduced.

scholarly journals Identifying Clusters of Regions in the European South, based on their Economic, Social and Environmental Characteristics

REGION ◽  
2016 ◽  
Vol 3 (2) ◽  
pp. 71
Author(s):  
Athanasios Angelis-Dimakis ◽  
Katerina Dimaki
Keyword(s):  
Sustainable Development ◽  
Best Practices ◽  
Local Governments ◽  
Development Process ◽  
Decision Makers ◽  
European Countries ◽  
The European Union ◽  
New Techniques ◽  
Basic Image ◽  
The Right

<p>Regional development has been in the centre of interest among both academics but also decision makers in the central and local governments of many European countries. Identifying the key problems that regions face and considering how these findings could be effectively used as a basis for planning their development process are essential in order to improve the conditions in the European Union regions. For a long period of time a country’s or a region’s development has been synonymous with its economic growth. Over the last years, however, economies and societies have been undergoing dramatic changes. These changes have led to the concept of sustainable development, which refers to the ability of our societies to meet the needs of the present without sacrificing the ability of future generations to meet their own needs. Measuring sustainable development means going beyond a purely economic description of human activities; requires integration of economic, social and environmental concerns. New techniques are required in order to benchmark performance, highlight leaders and laggards on various aspects of development and facilitate efforts to identify best practices. Furthermore, new tools have to be designed so as to make sustainability decision-making more objective, systematic and rigorous. The growth or decline of a country or region depends on its power to pull and retain both business and the right blend of people to run them. Working in this context, we have so far defined a variable which is called the Image of a region and quantifies this pulling power. The region’s Image is a function of a multitude of factors physical, economic, social and environmental, some common for all potential movers and some specific for particular groups of them and expresses its present state of development and future prospects. The paper examines a number of south European countries and focuses on their NUTS 2 level regions. Its objective is to:</p><ul><li>Estimate the Basic Image values of those regions.</li><li>Group those regions into different clusters on the basis of the values of the various factors used to define their respective Basic Images.</li><li>Present and discuss the results.</li></ul>

scholarly journals TRANSFORMATION OF THE LOCAL BUDGETS’ ROLE: THE EXPERIENCE OF UKRAINE IN THE CONTEXT OF GLOBALIZATION

2021 ◽  
Vol 7 (3) ◽  
pp. 127-133
Author(s):  
Olena Zelenko ◽  
Liudmyla Denyshchenko
Keyword(s):  
Local Governments ◽  
Positive Impact ◽  
Current Situation ◽  
Business Climate ◽  
Financial Capacity ◽  
State And Local ◽  
Decentralization Reform ◽  
Real Estate Register ◽  
The Right

The purpose of this study is to determine the peculiarities of the development of local budgets in Ukraine in the frame of decentralization reform in the context of established trends in local budgeting in other countries. The research methodology is based on the theory of financial globalization and involves methods of dialectics, methods and principles of scientific knowledge, tools of analysis and synthesis, expert evaluation, generalization and analogy. As a result of the research, the foreign experience of forming local budgets is highlighted and the peculiarities of this process in different countries of the world are determined; a review of existing publications and an analysis of the dynamics of the structure of local budgets and Ukraine are done; qualitative characteristic of the current situation and recommendations for further development of the local budgeting process in Ukraine in the current conditions of globalization are provided. Among the main recommendations for increasing the revenue part of local budgets there are the following: creation of additional conditions by the state and local governments to improve the business climate in communities; inventory and arrangement of community land funds; creation and arrangement of the real estate register; audit of the communal enterprises activities of the community in order to find additional opportunities to increase the efficiency of their activities; support and motivation of local business for further activity and development; intensification of the centers of administrative services and search for opportunities which will improve the provision of paid services of any complexity in the short term; promoting the development of domestic tourism. The practical value of the results of this research is that the proposed recommendations are general, relevant and can be used for all territorial communities of Ukraine with no exception. The analysis of trends in the context of local budgeting development processes in other countries and the current situation regarding decentralization reform allowed us to conclude that Ukraine has chosen the right direction, which has a positive impact on the financial capacity of local communities. Ukraine’s path towards transforming the role of local budgets, despite the similarity of the general features of local budget restructuring, should be unique. The implementation of the presented proposals will contribute to the successful completion of the decentralization reform and the full implementation of the role of local budgets – ensuring sustainable financial capacity and meeting all the needs of the inhabitants of a particular area.

5. Fiscal federalism

2019 ◽  
pp. 61-73
Author(s):  
Mark J. Rozell ◽  
Clyde Wilcox
Keyword(s):  
Local Governments ◽  
Fiscal Federalism ◽  
National Government ◽  
State Spending ◽  
Federal Grants ◽  
Average Operating ◽  
State Policymaking ◽  
The Republic ◽  
State And Local ◽  
The Right

“Fiscal federalism” describes how during the early decades of the republic, Congress gave states money to help pay for new roads and canals, to support their militia, and to build colleges and universities. But the system of granting money to the states grew in the twentieth century, especially after the Sixteenth Amendment gave the national government the right to impose an income tax in 1913. The chapter discusses the federal grants program, which now provides about 30 percent of the average operating revenues of state and local governments. It also considers how the national government uses mandates to influence state policymaking, how states raise revenue through taxation, and the differences in state spending programs.

scholarly journals RIGHT OF MUNICIPAL PROPERTY IN THE STATES OF THE EUROPEAN UNION: THE ISSUES OF CONSTITUTIONAL AND LEGAL REGULATION

2020 ◽  
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Good Governance ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Communal Property ◽  
The Right ◽  
The Eu

The article deals with the constitutional and legal regulation of the right of municipal property in member countries of the EU. It is noted that the constitutions of the Member States mostly ignore the concept of ownership of local self-government. At the same time, the constitutions reinforce the issue of material and financial basis. As a rule, the translation from the languages ​​of the member countries of the EU into English uses the notion of «municipal property», «local government property» or «public property». In the constitutions of the member countries of the EU, the principle of financial and financial autonomy, guarantees of local self-government are found. The legal basis of municipal property rights is also determined by the local government law, and sometimes by a municipal property law and local acts. The municipal property laws set out the basic principles of municipal property management. It is noted that the management is in the interest of the population of the municipality and with the care of «good governance». It is stated that the existence of a special law on the property of local self-government does not solve all issues of systematization of legislation in this area. It is summarized that in the study of the conceptual apparatus in the sphere of municipal (communal) property, the essence of this right is of fundamental importance. In the legislation of these countries there are both concepts: «municipal» and «communal property». These concepts should be regarded as synonymous and for the convenience of designating this form of ownership in the EU Member States, it is permissible to apply the concept of «municipal property». Examples of application of both concepts in constitutional legal acts are given. The article concludes that, regardless of the subject of the right of municipal property, democratic states provide guarantees for the management of municipal property for the benefit of the community; attention is paid to objects that are in permanent exploitation by residents of communes. The author note the direct link between the powers of local governments, the interests and needs of the community and municipal property. Functional delineation of municipal property by local governments influences the decision to acquire, multiply and dispose of them. Local government real estate management in these countries draws attention to the object of management, goals and main purpose, basic decision-making principles, etc.

Basic Concepts and Principles Related to Water at the National Level

2018 ◽  
Keyword(s):  
Local Governments ◽  
National Level ◽  
Case Law ◽  
Eminent Domain ◽  
Water Law ◽  
Basic Principles ◽  
State And Local ◽  
Basic Features ◽  
The Right ◽  
And Control

This chapter introduces the basic features of water law at the national level. The first section focuses on the fundamental right to water and reproduces several cases that have contributed to the understanding of the right to water. The second section focuses on constitutional provisions highlighting the varied competences of the national, state, and local governments in the water sector. The third section then moves on to highlight some of the basic principles of water law, including public trust, the precautionary principle, principles governing access to and control of water by individuals, sovereign appropriation and eminent domain. The instruments reproduced include, as appropriate, case law and statutes.

The Second Red Scare and the Unmaking of the New Deal Left

2012 ◽  
Author(s):  
Landon R. Y. Storrs
Keyword(s):  
New Deal ◽  
Red Scare ◽  
Loyalty Program ◽  
Federal Employee ◽  
The Great Depression ◽  
Policy Ideas ◽  
Political Views ◽  
Consumer Movements ◽  
The Right ◽  
The New Deal

The loyalty investigations triggered by the Red Scare of the 1940s and 1950s marginalized many talented women and men who had entered government service during the Great Depression seeking to promote social democracy as a means to economic reform. Their influence over New Deal policymaking and their alliances with progressive labor and consumer movements elicited a powerful reaction from conservatives, who accused them of being subversives. This book draws on newly declassified records of the federal employee loyalty program—created in response to fears that Communists were infiltrating the U.S. government—to reveal how disloyalty charges were used to silence these New Dealers and discredit their policies. Because loyalty investigators rarely distinguished between Communists and other leftists, many noncommunist leftists were forced to leave government or deny their political views. This book finds that loyalty defendants were more numerous at higher ranks of the civil service than previously thought, and that many were women, or men with accomplished leftist wives. Uncovering a forceful left-feminist presence in the New Deal, the book shows how opponents on the Right exploited popular hostility to powerful women and their “effeminate” spouses. The loyalty program not only destroyed many promising careers, it prohibited discussion of social democratic policy ideas in government circles, narrowing the scope of political discourse to this day. This book demonstrates how the Second Red Scare undermined the reform potential of the New Deal and crippled the American welfare state.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

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