Download PDF by Leslie Friedman Goldstein: Constituting Federal Sovereignty: The European Union in

By Leslie Friedman Goldstein

ISBN-10: 0801866634

ISBN-13: 9780801866630

Starting from the basis that the method of autonomous, sovereign, territorial states, which used to be the topic of political technological know-how and diplomacy reviews within the 20th century, has entered a transition towards whatever new, famous political scientist Leslie F. Goldstein examines the advance of the ecu Union via mixing comparative and old institutionalist ways. She argues that the main worthwhile framework for realizing the categories of "supra-state" formations which are more and more obvious at the beginning of the 3rd millennium is comparative research of the formative epochs of federations of the prior that shaped voluntarily from formerly self sufficient states.

In Constituting Federal Sovereignty: the eu Union in Comparative Context Goldstein identifies 3 major predecessors to latest eu Union: the Dutch Union of the seventeenth century, the USA of the US from the 1787 structure to the Civil battle, and the 1st half-century of the trendy Swiss federation, starting in 1848. She examines the approaches in which federalization came about, what made for its luck, and what contributed to its difficulties. She explains why resistance to federal authority, even if comparable in sort, diversified considerably in measure within the situations tested. and she or he explores the the most important roles performed by means of such components as sovereignty-honoring parts in the institutional constitution of the federation, the conditions of its formation (revolt opposed to far away empire as opposed to aftermath of struggle between member states), and particularly, the interior tradition of recognize for the rule of thumb of legislation within the member states.

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Additional info for Constituting Federal Sovereignty: The European Union in Comparative Context (The Johns Hopkins Series in Constitutional Thought)

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20 In Cohens v. S. Supreme Court established this massive jurisdictional exception, and it did so (as in Martin) in the face of contrary arguments by Virginia’s attorneys, but this time without opposing state authorities on the merits (thus leaving no occasion for state defiance). As a result, American state officials found themselves routinely brought into federal court by private citizens who appealed state decisions on grounds of conflict with federal law. Private citizens do not have this power in the EC system.

16 Far from resisting these judicially wrought changes, the member states have accepted and moved beyond them via the Single European Act of 1986–87, the Maastricht Treaty of 1992– 93, and the Treaty of Amsterdam of 1997, tightening their union in a variety of ways. For instance, they have agreed to restrict their veto power on the main decision-making body of the EC, the Council of Ministers, and move to a less centrifugal, weighted majority voting system on an increasingly wide array of topics.

Chronology of Member-State Resistance to European Community Authority, 1958–1994 Image not available. Image not available. Table 4. (continued) Image not available. 42 constituting federal sovereignty higher law doctrine of the ECJ, that doctrine remained accepted within that national jurisdiction. (There are two qualifications to this point. In France the national civil jurisdiction of the Cour de Cassation accepted European authority from the start, while the national administrative jurisdiction of the Conseil d’État resisted it until 1989.

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Constituting Federal Sovereignty: The European Union in Comparative Context (The Johns Hopkins Series in Constitutional Thought) by Leslie Friedman Goldstein

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