Suchergebnisse

Cover -- Title Page -- Copyright Page -- Contents -- INTRODUCTION -- CHAPTER 1 The Distinctiveness of State Constitutionalism -- CHAPTER 2 Explaining State Constitutional Development -- CHAPTER 3 Eighteenth-Century State Constitutionalism -- CHAPTER 4 Nineteenth-Century State Constitutionalism -- CHAPTER 5 Twentieth-Century State Constitutionalism -- CHAPTER 6 State Constitutional Interpretation -- Bibliography -- Index

Some commentators have argued that federalism can undermine the strength of the government, especially in international affairs and capitalist development. This perspective argues that multilateral trade agreements, such as NAFTA, are more difficult to achieve and weaker in effect when negotiated and implemented among federal countries. However, an analysis of the process that created NAFTA and its actual economic accomplishments, so far, strongly suggest that the opposite is true: that federal systems, such as Canada, Mexico and the United States, benefit from that experience of "shared governance" in relation to globalization, especially as it reflects the complexity of sovereing integration, critical to the practical success of that process.

The article aims to analyze the fundamentals and the methods of state constitutional changes in the United States. It recognizes a certain pattern in the political processes of state constitutional changes, but it also points out that, in each case, some specific social groups act more intensely. Furthermore, it analyzes how external political forces can influence changes in state Constitutions. Finally, it concludes that, as a rule, the United States is currently undergoing a period in which there is a certain resistance to the creation of new state Constitutions, with greater popular preference for specific changes in the existing Constitutions.

Abstract The article aims to analyze the fundamentals and the methods of state constitutional changes in the United States. It recognizes a certain pattern in the political processes of state constitutional changes, but it also points out that, in each case, some specific social groups act more intensely. Furthermore, it analyzes how external political forces can influence changes in state Constitutions. Finally, it concludes that, as a rule, the United States is currently undergoing a period in which there is a certain resistance to the creation of new state Constitutions, with greater popular preference for specific changes in the existing Constitutions.

The article aims to analyze the fundamentals and the methods of state constitutional changes in the United States. It recognizes a certain pattern in the political processes of state constitutional changes, but it also points out that, in each case, some specific social groups act more intensely. Furthermore, it analyzes how external political forces can influence changes in state Constitutions. Finally, it concludes that, as a rule, the United States is currently undergoing a period in which there is a certain resistance to the creation of new state Constitutions, with greater popular preference for specific changes in the existing Constitutions.

The article aims to analyze the fundamentals and the methods of state constitutional changes in the United States. It recognizes a certain pattern in the political processes of state constitutional changes, but it also points out that, in each case, some specific social groups act more intensely. Furthermore, it analyzes how external political forces can influence changes in state Constitutions. Finally, it concludes that, as a rule, the United States is currently undergoing a period in which there is a certain resistance to the creation of new state Constitutions, with greater popular preference for specific changes in the existing Constitutions.

The present article aims to analyze the judicial federalism in the United States. To do so, it compares the jurisdiction and the autonomy of the federal and states courts, concluding that the model adopted in the Judiciary is similar to that followed by the Executive and Legislative branches. Furthermore, it analyzes the federalization of Criminal Law, affirming that, in this field, the defendants have the right to appeal to federal courts every time that some damage has been caused to them based on a state law, violating a federal law. By the end, it concludes that, despite the existence of some endemic and periodical problems, the American system of judicial federalism has largely succeeded in promoting national uniformity and subnational diversity in the administration of justice.

Abstract The present article aims to analyze the judicial federalism in the United States. To do so, it compares the jurisdiction and the autonomy of the federal and states courts, concluding that the model adopted in the Judiciary is similar to that followed by the Executive and Legislative branches. Furthermore, it analyzes the federalization of Criminal Law, affirming that, in this field, the defendants have the right to appeal to federal courts every time that some damage has been caused to them based on a state law, violating a federal law. By the end, it concludes that, despite the existence of some endemic and periodical problems, the American system of judicial federalism has largely succeeded in promoting national uniformity and subnational diversity in the administration of justice.

The present article aims to analyze the judicial federalism in the United States. To do so, it compares the jurisdiction and the autonomy of the federal and states courts, concluding that the model adopted in the Judiciary is similar to that followed by the Executive and Legislative branches. Furthermore, it analyzes the federalization of Criminal Law, affirming that, in this field, the defendants have the right to appeal to federal courts every time that some damage has been caused to them based on a state law, violating a federal law. By the end, it concludes that, despite the existence of some endemic and periodical problems, the American system of judicial federalism has largely succeeded in promoting national uniformity and subnational diversity in the administration of justice.

Il y a deux cents ans, les Américains s'identifiaient en premier lieu aux États dans lesquels ils vivaient, alors qu'aujourd'hui, leur loyauté principale va aux États-Unis. Cet article analyse ce qui est à l'origine de ce transfert d'identité politique, et en étudie les effets sur le fédéralisme américain. Il identifie différents facteurs susceptibles de former une identité politique, s'intéresse à leur caractère opérationnel (ou non opérationnel) dans le cas des États-Unis, et conclut par une évaluation de ce qui fonde le fédéralisme américain contemporain.

Résumé Cet article s'attache aux défis de la crise financière globale dans les États américains. Après avoir étudié l'organisation et les dispositions et budgétaires des finances des États, l'auteur analyse les conséquences de la diminution des recettes dans le nouveau contexte économique, et les solutions qui peuvent être apportés par le niveau fédéral, en particulier par le American Recovery and Reinvestment Act de 2009.