Constitutions and the Commons

Law
Constitutions and the Commons PDF Author: Blake Hudson
Publisher: Routledge
ISBN: 1136661816
Category : Law
Languages : en
Pages : 275

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Book Description
Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.

Constitutions and the Commons

Constitutions and the Commons PDF Author: Blake Hudson
Publisher: Routledge
ISBN: 1136661816
Category : Law
Languages : en
Pages : 275

View

Book Description
Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.

Constitutions and the Commons

Constitutions and the Commons PDF Author: Blake Hudson
Publisher: Routledge
ISBN: 1136661743
Category : Law
Languages : en
Pages : 278

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Book Description
Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.

The New Constitutions of Europe

The New Constitutions of Europe PDF Author: Howard Lee McBain
Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 628

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World Constitutional Law and Practice

World Constitutional Law and Practice PDF Author: Satyavrata Ramdas Patel
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 524

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Introduction to the Study of the Law of the Constitution

Introduction to the Study of the Law of the Constitution PDF Author: Albert Venn Dicey
Publisher: London : Macmillan
ISBN:
Category : Constitutional law
Languages : en
Pages : 440

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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Common Sense

Common Sense PDF Author: Tony Benn
Publisher: Random House (UK)
ISBN:
Category : Constitutional history
Languages : en
Pages : 166

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Constitutional Law Viewed in Relation to Common Law

Constitutional Law Viewed in Relation to Common Law PDF Author: Herbert Broom
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 1062

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Modern Governments And Constitutions 2 Vols. Set

Modern Governments And Constitutions 2 Vols. Set PDF Author: N. Jayapalan
Publisher: Atlantic Publishers & Dist
ISBN: 9788126900947
Category : Comparative government
Languages : en
Pages : 308

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Book Description
Modern Governments Are Of Great Importance In The Present World. This Book Deals With The Theory, Principles And Classification Of Constitutions In The First Chapter. Further The Constitutions Of The United Kingdom, The United States Of America, France, Switzerland, China, Japan And India Have Been Described In The Following Chapters. The Salient Features Of Every Constitution Mentioned Above Have Been Described In A Simple And Lucid Style. Further, Due Attention Has Been Given To The Political Parties Of These Countries At The End Of Each Chapter. Special Attention Has Been Given To The Constitution Of India In This Book.The Book Will Surely Be Useful Not Only For The College Students But Also For The Candidates Preparing For Various Competitive Examinations.

The Rise and Progress of the English Constitution

The Rise and Progress of the English Constitution PDF Author: Edward Shepherd Creasy
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 420

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The Constitution of England; Or, An Account of the English Government;

The Constitution of England; Or, An Account of the English Government; PDF Author: Jean Louis de Lolme
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 560

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