Characterisation in Federations

Six Countries Compared

By: Gregory Taylor

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Paperback | 23 September 2005

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196 Pages

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In this work Dr. Taylor surveys the federal countries of the world and asks how they divide power among the constituent units of the federation. In so doing, he considers not only the formal constitutional text, but, far more importantly, the case law that has grown up around it as the Courts develop approaches to interpreting provisions for the distribution of powers. This enables conclusions to be drawn about the effectiveness of various structural and interpretative approaches to the distribution of powers within federations.

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Non-Fiction Law Laws of Specific Jurisdictions Constitutional & Administrative Law International Law Politics & Government Political Structure & Processes Constitution & The Government & The State Comparative Politics Jurisprudence & General Issues Comparative Law

Preface	p. V
Introduction	p. 1
Australia	p. 5
Doctrine	p. 5
Criticism: ignoring purpose in characterisation	p. 8
Criticism: ignoring context in scope doctrine	p. 17
The exception that disproves the rule	p. 21
Canada	p. 27
Federalism as a core value	p. 27
Text and doctrine	p. 27
The residue	p. 36
Characterisation (in the narrow sense)	p. 40
The double aspect doctrine	p. 49
The United States of America	p. 51
Introduction	p. 51
Categories of commerce	p. 53
The reasoning in Lopez	p. 57
Unresolved issues	p. 61
Germany	p. 75
Introduction	p. 75
Text	p. 76
Scope	p. 77
Characterisation (in the narrow sense)	p. 89
Austria	p. 95
Introduction	p. 95
The petrification theory: basic principles	p. 98
Intra-systemic development	p. 101
The petrification theory and originalism	p. 102
Illustrations from the case law	p. 106
Characterisation (in the narrow sense)	p. 108
India	p. 111
Introduction	p. 111
Scope	p. 112
"Pith and substance" again	p. 116
Incidental power	p. 119
Pakistan	p. 120
Works in progress: South Africa, Malaysia and Scotland	p. 123
South Africa	p. 123
Malaysia	p. 128
Scotland	p. 133
Concluding remarks	p. 137
Appendix - Basic Constitutional Provisions	p. 145
Australia	p. 145
Canada	p. 147
United States of America	p. 151
Germany	p. 152
Austria	p. 155
References	p. 167
Table of cases	p. 173
Index	p. 181
Table of Contents provided by Publisher. All Rights Reserved.

Characterisation in Federations

Six Countries Compared

At a Glance

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