{"product_id":"from-dual-to-cooperative-federalism-9780199664948","title":"From Dual to Cooperative Federalism","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eWhat is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find ''unity in diversity''. The two most influential manifestations of the federal principle emerged under the names of ''dual'' and ''cooperative'' federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book''s general part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the ''middle ground'' between i\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e...this volume will give for sure an important contribution to the \"rehabilitation\" of the federalist approach. * Giuseppe Martinico, Pisa, CML Review *\u003cbr\u003eIn an overwhelmingly important book Schutze brilliantly exposes the obscurantist anti-realistic vision of the European federation in such a splendidly clear and overwhelmingly convincing way that those who will not open their eyes now are not just wrong out of principle. They are blind. For all the rest there is a discovery to make: there were and there are more federations in the world that just the EU. * Dimitry Kochenov, University of Groningen *\u003cbr\u003e...a timely and relevant contribution that provides for a totally enjoyable and inspiring read and helps us understand better the structure of European Law. * Nikos Skoutaris, Lecturer in European Law, University of Maastricht *\u003cbr\u003e...a valuable tool, covering political aspects of federalism, its application to the EU, and the stance of the ECJ with an interdisciplinary approach. * Panos Stasinopoulos, King's College London, Journal of Common Market Studies, 48.4 *\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eIntroduction: Coming to Constitutional Terms ; General Part - The Federal Principle in America and Europe ; 1. Federal Tradition(s) and the European Union ; Section I - The Federal Principle: Three Constitutional Traditions ; Section II - The European Union: American and European Perspectives ; 2. Federal Philosophies and the Structure of American Law ; Section I - The \"New Nationalism\" - The Decline of Constitutional Exclusivity ; Section II - The \"New Federalism\" - The Decline of Legislative Exclusivity ; Excursus - The Foreign Affairs \"Exception\" - Dual Federalism Constitutionalised ; Special Part - The Changing Structure of European Law ; 3. The Decline of Constitutional Exclusivity ; Section I - Europe's Expanding Sphere: The Decline of State \"Police Powers\" ; Section II - Europe's Contracting Sphere: The Decline of Federal Exclusive Powers ; 4. The Decline of Legislative Exclusivity ; Section I - The Commerce Clause(s): Harmonization in the Internal Market ; Section II - The Common Agricultural Policy: A Policy Unlike Any Other? ; 5. Cooperative Federalism Constitutionalised ; Section I - The Principle of Subsidiarity: Procedural Safeguards of Federalism ; Section II - Complementary Competences: Substantive Safeguards of Federalism ; 6. Excursus: A Foreign Affairs \"Exception\"? ; Section I - Europe's International Powers: Dual Federalism in the External Sphere ; Section II - Theory and Practice: Towards Cooperative Federalism? ; Conclusion: Europe's Gemeinweg Towards Cooperative Federalism","brand":"Oxford University Press","offers":[{"title":"Default Title","offer_id":51742158717271,"sku":"9780199664948","price":999.99,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780199664948.jpg?v=1758380870","url":"https:\/\/bookcurl.com\/products\/from-dual-to-cooperative-federalism-9780199664948","provider":"Book Curl","version":"1.0","type":"link"}