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Published byCory Robertson Modified over 9 years ago
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Second Class Self - Rule
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Second Class Self Rule Distribution of Powers
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Shared Rule Self Rule C o n s t i t u t i o n Basic Elements of Federalism
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Main Questions: Purpose of Distribution Who decides? Concept and Technique of Distribution Criteria‘s What is distributed Distribution to - Whom? - What entities? - Border- lines? Asymmetric Distribution
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Who decides Constitution maker Federal Legislature Both Court (US, EU) Common Law: Family Law, Property Law, Contract, Criminal Law, Procedure, commercial law etc.
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Purpose of Distribution and Criteria’s Legitimacy Diversity Efficiency Democracy Justice Financial Capacity Need for Coordination Interest of the task limited to the region Need for a uniform solution Closeness to local population Subsidiary Principle Commerce Clause Necessary and Proper Clause Purpose Criteria’sPrinciples
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What is distributed Branches of Government Constitution Making Legislation Execution Judiciary Financial Competences Income: Taxes, Grants, Bonds, Loans Expenditures Financial Equalisation Governmental Tasks Foreign Policy Incl. Defence Police Education, Cul- ture Health, Environment Economy and Development Mineral Resource, Water etc. Public Services Civil Law Common Law Individual / col- lective rights Common Law, Codi- fication Spending Power Opting out local deviation
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Techniques of Distribution Exclusive Parallel Concurrent General Clauses Detailed Regulations Concept Technique Bottom up Top Down Parallel Distribution Supremacy
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