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Thomas Fleiner-Gerster - Federalism and Decentralization: Constitutional Problems of Territorial Decentralization in Federal and Centralized States

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Book:
Federalism and Decentralization: Constitutional Problems of Territorial Decentralization in Federal and Centralized States
Author:
Thomas FleinerGerster / Silvan Hutter
Publisher:
Routledge
Genre:
Science / Politics
Year:
2019
City:
London
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Federalism and Decentralization: Constitutional Problems of Territorial Decentralization in Federal and Centralized States: summary, description and annotation

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This book is an outcome of the round table conference held in 1984 in Switzerland. It deals with decision of decentralization, structure of decentralized units, external power of decentralized unit, financial autonomy and decentralization and the protection of the basic rights.

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Federalism and Decentralization
Fdralisme et Dcentralisation

First published 1987 by Westview Press

Published 2018 by Routledge

52 Vanderbilt Avenue, New York, NY 10017

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:

Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

ISBN 13: 978-0-367-00705-8 (hbk)

P.W.C. A KKERMANS , Professor, Erasmus University Rotterdam, The Netherlands

Abdelfattah A MOR , Professeur, Universit de Tunis, Tunisie

Fletcher N. B ALDWIN jr., Professor, University of Florida, United States of America

Lidija B ASTA , Research Fellow, Institute of Comparative Law, Yougoslavia

Yadh B EN A CHOUR , Professeur, Universit de Tunis, Tunisie

Alfons B ENEDIKTER , Landeshauptmann-Stellvertreter, South Tyrol, Italy

Michael B OTHE , Professor, University of Frankfurt, Federal Republic of Germany

John W. B RIDGE , Professor, University of Exeter, United Kingdom

C. Lloyd B ROWN-JOHN , Professor, University of Windsor, Canada

Dheba Chele D HEDONGA , Chef de Travaux, Universit de Kinshasa, Zare

Louis F AVOREU , Professeur, Universit dAix-Marseille, France

Thomas F LEINER -G ERSTER , Professeur, Universit de Fribourg, Suisse

David F OULKES , Professor, University of Cardiff, United Kingdom

Louis H ENKIN , Professor, Columbia University, United States of America

Yochi H IGUCHI , Professeur, Universit de Tokyo, Japon

Suna K ILI , Professor, Bogazici University, Instanbul, Turkey

Ivan K RISTAN , Professor, University of Liubljana, Yougoslavia

Franois L UCHAIRE , Professeur, Universit de Paris I, France

Antoine N. M ESSARRA , Professeur, Universit St. Joseph, Liban

Paul J. M ISHKIN , Professor, University of California, Berkeley, United States of America

Tore M ODEEN , Professor, Faculty of Law, Helsinki, Finland

Pavle N IKOLI , Professeur, Universit de Belgrade, Yougoslavie

Theo O EHLINGER , Professeur, Universit de Vienne, Autriche

Abiola O JO , Professor, University of Lagos, Nigeria

Loc P HILIP , Professeur, Universit dAix-Marseille, France

Peter S ALADIN , Professeur, Universit de Berne, Suisse

Cheryl S AUNDERS , Senior Lecturer, Melbourne University, Australia

Christian S TARCK , Professor, University of Gttingen, Federal Republic of Germany

Witold Z AKRZEWSKI , Professeur, Universit Jagellonne de Cracovie, Pologne

Sylwester Z AWADZKI , Professor, Minister of Justice, University of Warsaw, Poland

Youyu Z HANG , Professeur, Prsident de la Socit des Juristes de Chine, Chine

Table of Contents Table des matires

SECTION I
DECISION OF DECENTRALIZATION
LA DCISION DE LA DCENTRALISATION

Yochi H IGUCHI

P. W. C. A KKERMANS

Louis F AVOREU

Thomas F LEINER -G ERSTER

David F OULKES

Tore M ODEEN

John W. B RIDGE

Christian S TARCK

SECTION II
STRUCTURE OF DECENTRALIZED UNITS
LA STRUCTURE DES UNITS DCENTRALISES

Abiola O JO

Lidija B ASTA

Yadh B EN A CHOUR

Thomas F LEINER -G ERSTER

Witold Z AKRZEWSKI

Sylwester Z AWADZKI

Thomas F LEINER -G ERSTER

SECTION III
AUTONOMY OF DECENTRALIZED UNITS
LAUTONOMIE DES UNITS DCENTRALISES

C. Lloyd B ROWN -J OHN

Dheba Chele D HEDONGA

Suna K ILI

Paul J. M ISHKIN

Alfons B ENEDIKTER

Thomas F LEINER -G ERSTER

SECTION IV
EXTERNAL POWER OF DECENTRALIZED UNITS
LE POUVOIR EXTRIEUR DES UNITS DCENTRALISES

Peter S ALADIN

Fletcher N. B ALDWIN jr.

Pavle N IKOLI

Yochi H IGUCHI

Abdelfattah A MOR

SECTION V
FINANCIAL AUTONOMY
LAUTONOMIE FINANCIRE

Franois L UCHAIRE

Loc P HILIP

Theo O EHLINGER

Cheryl S AUNDERS

Christian S TARCK

Thomas F LEINER -G ERSTER

SECTION VI
DECENTRALIZATION AND THE PROTECTION OF BASIC RIGHTS
DCENTRALISATION ET LA PROTECTION DES DROITS FONDAMENTAUX

Louis H ENKIN

Thomas F LEINER -G ERSTER

Michael B OTHE

REPORTS WITH GENERAL CONTENT
RAPPORTS CONTENU GNRAL

John B RIDGE

Ivan K RISTAN

Antoine N. M ESSARRA

Youyu Z HANG

Guide

During the last century and at the beginning of this one the main issue for most European States was national unification. Since about 1950, national unity has been a vital problem particularly for former colonial States. It is not surprising, therefore, that all constitutionalists have been ardently defending, and today still defend, the concept of the one indivisible State sovereignty.

Today, the position of the State as supreme sovereign authority is being increasingly questioned. In many countries, the growing need for greater regional independence is reducing the powers of the central government which were previously unlimited. Furthermore, the integration of States into regional and supranational communities is weakening sovereignty towards the exterior. The renewed influence of religions and ideologies spreading beyond State boundaries, on the one hand, and the formation of multinational companies on the other, is threatening the independence of both political parties and the economy. Finally, the increasing awareness of the need to create a basis of confidence to ensure our survival has brought about a softening of the once rigid and inflexible concept of sovereignty.

But even regarding internal affairs, the traditional notion of sovereignty is being threatened. Linguistic, historical, religious and ideological minorities are questioning the authority of the State.

The modern Welfare State has centralizing tendencies and taxes the various regions heavily and often indiscriminately. The inhabitants of border regions, in particular, are increasingly refusing to pay these taxes to the central government, if the latter spends the money on the infrastructure of the central region only whilst disregarding the needs of the peripheral regions. The neglected areas, therefore, claim a right of co-determination and decentralization in administrative and economic matters.

States comprising various ethnic minority groups must face the fact that the patriotic feelings of these groups are rooted in their own tradition and that they do not consider the central State to be their fatherland. Indeed, these groups are claiming autonomy and independence regarding the education of their children in order to safeguard the survival of their culture in modern industrial society. The pressure they exert with a view to obtaining self-determination is steadily increasing. As the majority of States can no longer deal with these particular questions alone, problems concerning minority groups have become the source of important international conflicts. Thus, from the League of Nations until the Camp David Agreement, public international law has been attempting to clarify the notions of autonomy and self-determination.

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