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Executive Master Intercultural Communication Lugano 2009 Modul Fleiner Class 2:

Executive Master Intercultural Communication Lugano 2009 Modul Fleiner Class 2: Shared Rule – Self Rule. Basic Elements of Federalism. Constitution. Shared Rule. Self Rule. Shared Rule Principle. Main Issues:. Legitimacy:. Democracy. Representation. Equality. Federalism.

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Executive Master Intercultural Communication Lugano 2009 Modul Fleiner Class 2:

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  1. Executive Master Intercultural Communication Lugano 2009 Modul Fleiner Class 2: Shared Rule – Self Rule

  2. Basic Elements of Federalism Constitution Shared Rule Self Rule

  3. Shared Rule Principle

  4. Main Issues: Legitimacy: Democracy Representation Equality Federalism Effectiveness Capacity to do the job Federalism and Government by Consent

  5. Governmental Systems Parliamentary and Multicultural Society Presidential and Multicultural Society Directorial and Multicultural Society

  6. Forms of Federal Executives and Legislatures in Selected Federations (Watts)

  7. Variations in Selection, Composition and Powers of Second Chambers S. Watts

  8. Self-Rule Principle Autonomy and Distribution of Powers

  9. Problems: Solidarity e.g. Belgium Human Rights – Right to be equal Globalisation – Intergovernmental Relationship Wealfare State, New Deal USA Federal Spending power Common Law Continental Law Foreign investment Competition Devolution without shared Rule GB

  10. Main Questions: Purpose of Distribution Who decides? Criteria‘s What is distributed Concept and Technique of Distribution Distribution to - Whom? - What entities? - Border- lines? Asymmetric Distribution

  11. Who decides Constitution maker Federal Legislature Both Court (US, EU) Common Law: Family Law, Property Law, Contract, Criminal Law, Procedure, commercial law etc.

  12. Purpose of Distribution and Criteria’s Purpose Criteria’s Principles Legitimacy Efficiency Subsidiary Principle Financial Capacity Diversity Democracy Commerce Clause Need for Coordination Justice Necessary and Proper Clause Need for a uniform solution Equality Interest of the task limited to the region Closeness to local population

  13. What is distributed Branches of Government Financial Competences Governmental Tasks Constitution Making Income: Taxes, Grants, Bonds, Loans Foreign Policy Incl. Defence Legislation Individual / col- lective rights Execution Mineral Resource, Water etc. Public Services Judiciary Police Education, Cul- ture Common Law, Codi- fication Expenditures Health, Environment Spending Power Economy and Development Opting out local deviation Financial Equalisation Civil Law Common Law

  14. Techniques of Distribution Concept Technique Bottom up Exclusive Parallel Top Down Concurrent Parallel Distribution General Clauses Supremacy Detailed Regulations

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