The Federal Vision
Legitimacy and Levels of Governance in the United States and the European Union
Nicolaidis, Kalypso University Lecturer, University of Oxford and a Fellow at St Antony's College
Howse, Robert Professor of Law, University of Michigan
Print publication date: 2001 (this edition)
Published to Oxford Scholarship Online: November 2003
Print ISBN-13: 978-0-19-924500-0







doi:10.1093/0199245002.003.0009

Daniel Halberstam
Abstract: Examines the difference between the European and American perceptions of the effects and desirability of commandeering (the issue of binding commands by central government that force its component states to take regulatory action with respect to private parties) as a mechanism of central–component system interaction. Whereas the USA constitutional jurisprudence prohibits commandeering, the founding charters of the European Union and Germany permit such action. In successive sections, the chapter explores the relevant political and institutional background against which commandeering takes place in the USA, the EU, and Germany. It discusses (1) commandeering in international law and the apparent paradox in American views; (2) the formal supremacy of central law within component legal systems; (3) the ‘viscosity’ of the central legal system, i.e., the intensity of the obligation to adhere to the central legal system's norms; (4) the specificity of commands issued by central to component units of government (the directive as a limited tool of commandeering); (5) the corporate representation of component state systems within the law-making bodies of central systems; and (6) the relative completeness and effectiveness of the levels of governance and the prominent alternatives to commandeering in each system, with specific reference to central government dependence (or not) on component state resources.

Keywords: central law, central legal system, central–component system interaction, commandeering, component legal systems, component state resources, corporate representation, directives, EU, Germany, governance, international law, law, legal systems, state legal systems, USA,

You have access to the abstract for this item.     You have access to the full text for this item.



 










Quick Search Form

 
scroll up fast
scroll up
 
scroll down
scroll down fast
I Articulating the Federal Vision
II Levels of Governance in the United States and the European Union: Facts and Diagnosis
III Legal and Regulatory Instruments of Federal Governance
IV Federalism, Legitimacy, and Governance: Models for Understanding
V Federalism, Legitimacy, and Identity