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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Lord Denning: Life, Law and Legacy



  


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The Federal Vision


ISBN13: 9780199245017
ISBN: 0199245010
Published: January 2001
Publisher: Oxford University Press
Format: Hardback
Price: £63.00



The ""Federal Vision"" is about the complex and changing relationship between levels of governance within the United States and in the European Union. Based on a transatlantic dialogue between scholars concerned about modes of governance on both sides, it is a collective attempt at analysing the ramifications of the legitimacy crisis in our multi-layered democracies, and possible remedies. Starting from a focus on the current policy debatea over devolution and subsidiarity, the book;engages the reader in to the broader tension of comparartive federalism. Its authors believe that in spite of the fundamental differences between them, both the EU and the US are in the process of re-defining a federal vision for the 21st century.;This book represents an important new contribution to the study of Federalism and European integration, which seeks to bridge the divide between the two. It also bridges the traditional divide between technical, legal or regulatory discussions of federal governance and philosophical debates over questions of belonging and multiple identities. It is a multi-disciplinary project, bringing together historians, political scientists and theorists, legal scholars, sociologists and political;economists. It includes both innovative analysis and prescriptions on how to reshape the federal contract in the US and the EU.;It includes introductions to the history of federalism in the US and the EU, the current debates over devolution and subsidarity, the leof federalism and theories of regulatory federalism, as well as innovative approaches to the application of network analysis, principal-agent models, institutionalist analysis, and political theories of citizenship to the federal context.;The introduction and conclusion by the editors draws out cross-cutting themes and lessons from the thinking together of the EU and US experiemnces, and suggest how a federal vision could be freed from the jierarchical paradigm of the federal state and articulated around concepts of mutal tolerence and empowerment.

Contents:
Preface; Introduction: The Federal Vision, Levels of Governance, and Legitimacy
PART I. ARTICULATING THE FEDERAL VISION; The United States and the European Union: Models for Their Epochs; Federalism without Constitutionalism: Europe's Sonderweg
PART II. LEVELS OF GOVERNANCE IN THE UNITED STATES AND THE EUROPEAN UNION: FACTS AND DIAGNOSIS; Centralization and Its Discontents: The Rhythms of Federalism in the United States and the European Union; Blueprints for Change: Devolution and Subsidiarity in the United States and the European Union; Devolution in the United States: Rhetoric and Reality; Federalism in the European Union: Rhetoric and Reality
PART III. LEGAL AND REGULATORY INSTRUMENTS OF FEDERAL GOVERNANCE; The Role of Law in the Functioning of Federal Systems; Comparative Federalism and the Issue of Commandeering; Regulatory Legitimacy in the United States and the European Union
PART IV. FEDERALISM, LEGITIMACY AND GOVERNANCE: MODELS FOR UNDERSTANDING; Securing Subsidiarity: The Institutional Design of Federalism in the United States and Europe; Federal Governance in the United States and the European Union: A Policy Network Perspective; Federalism and State Governance in the European Union and the United States: An Institutional Perspective; Democratic Legitimacy under Conditions of Regulatory Competition: Why Europe differs from the United States
PART V. FEDERALISM, LEGITIMACY, AND IDENTITY; Citizenship and Federations: Some Preliminary Reflections; The Constitutions of Institutions; Beyond Devolution: From Subsidiarily to Mutuality; European Citizenship: The Relevance of the American Model; CONCLUSION; The Federal Vision Beyond the Federal State; APPENDIX: BASIC PRINCIPLES FOR THE ALLOCATION OF COMPETENCE IN THE UNITED STATES AND THE EUROPEAN UNION; ABOUT THE CONTRIBUTORS; INDEX