The Influence of German State-Theory on the Design of the Australian Constitution
In: International and Comparative Law Quarterly, 59 3: 669-699, 2010
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In: International and Comparative Law Quarterly, 59 3: 669-699, 2010
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In: Supreme Court History Program Yearbook, Band 2009, S. 75-87
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In: Insolvency Law Journal, Band 7, S. 116
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In: University of Queensland Law Journal, Band 20, S. 262
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In: University of Queensland Law Journal, Band 27, Heft 1, S. 129-143
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In: The Journal of Legal History, Band 23, Heft 3, S. 253
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In: University of Queensland TC Beirne School of Law Research Paper No. 07-24
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Working paper
In: Public choice, Band 105, Heft 3-4, S. 255-272
ISSN: 0048-5829
Dennis Mueller has recently made a significant contribution to understanding issues of federalism & confederalism in the European Union -- from a particular public choice point of view. He furnishes an important & provocative discussion of the relationship between the decision-making rules embodied in a constitutional convention (or other means of drafting a form of union for constituent states) & the decision-making rules that will be contained in the constitution that is the outcome of that convention. However, Mueller's veiled preference for a certain ideal form of federalism for Europe tends to reduce the parameters of his discussion, & gives his article an unrealistic & narrow focus, despite its ambitious scope. The present article explores some of the latent complexities in the public choice analysis & design of European integration, particularly by drawing on the wider experience of working federations & theory of federalism, using the unique & synthesizing Australian experience as a point of departure. It argues that Mueller's analysis is biased toward the reduction of decision-making costs of European governance, & thus undervalues the external costs that may be imposed through excessive central government. 40 References. Adapted from the source document.
In: Public choice, Band 105, Heft 3, S. 255-272
ISSN: 0048-5829
In: Federal Law Review, Band 39
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In: University of New South Wales Law Journal, Band 31, Heft 1, S. 107
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In: Melbourne University Law Review, Band 32, Heft 1
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In: University of Queensland TC Beirne School of Law Research Paper No. 11-08
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Working paper
In: THE CONSTITUTION OF A FEDERAL COMMONWEALTH: THE MAKING AND MEANING OF THE AUSTRALIAN CONSTITUTION, Cambridge University Press, 2009
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In: Oxford scholarship online