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

By Leslie Friedman Goldstein

Starting from the idea that the approach of self sufficient, sovereign, territorial states, which used to be the topic of political technology and diplomacy experiences within the 20th century, has entered a transition towards anything new, famous political scientist Leslie F. Goldstein examines the improvement of the ecu Union via mixing comparative and ancient institutionalist techniques. She argues that the main worthwhile framework for figuring out the categories of "supra-state" formations which are more and more obvious at first of the 3rd millennium is comparative research of the formative epochs of federations of the previous that shaped voluntarily from formerly self reliant states.

In Constituting Federal Sovereignty: the eu Union in Comparative Context Goldstein identifies 3 major predecessors to cutting-edge ecu Union: the Dutch Union of the seventeenth century, the U.S. of the USA from the 1787 structure to the Civil battle, and the 1st half-century of the trendy Swiss federation, starting in 1848. She examines the strategies wherein federalization came about, what made for its luck, and what contributed to its difficulties. She explains why resistance to federal authority, even though related in variety, different considerably in measure within the circumstances tested. and he or she explores the the most important roles performed through such components as sovereignty-honoring parts in the institutional constitution of the federation, the situations of its formation (revolt opposed to far away empire as opposed to aftermath of struggle between member states), and significantly, the interior tradition of admire for the guideline of legislation within the member states.

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

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47 One can note that since lower courts were still free, at their option, to refer the difficult cases to the ECJ, this passive resistance (if resistance it was) would have accomplished little. Nonetheless, despite the less confrontational approach of the “acte clair” doctrine, the Conseil d’État did again directly defy treaty rules in the 1978 case, Minister of the Interior v. Cohn-Bendit, which dealt with a deportation order on a German citizen who was a former political agitator, Daniel (“Danny the Red”) Cohn-Bendit.

Instead of rejecting all authority of the ECJ to establish rules that govern French courts, it retreated to its “acte clair” doctrine, which essentially stated that it would submit European law questions to the ECJ, as commanded by Article 177, but only when in its own judgment a genuine rather than frivolous question of legal interpretation was presented. Karen Alter has argued (following Gerhard Bebr) that while the “acte clair” doctrine itself did not so much amount to resistance to the ECJ, still, particular courts, specifically courts of last resort who resented a loss of their power to the ECJ, abused the doctrine.

Table 3. Chronology of State Resistance to Federal Authority in the United States, 1790–1872 Image not available. Image not available. Table 3. (continued) Image not available. Image not available. Table 3. (continued) Image not available. 30 constituting federal sovereignty procedural protections were unconstitutional in that they interfered with the procedures mandated by Congress (which had to be supreme under Article 6, Clause 2), but that the refusal to let state officials help in the federal project was constitutional, as a sovereign prerogative of the states.

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