The Rules of Federalism

by Kelemen, R. Daniel

• ISBN13: 9780674013094
• ISBN10: 0674013093
• Format: Hardcover
• Copyright: 2004-04-30
• Publisher: Harvard Univ Pr

Summary

This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes.

Author Biography

R. Daniel Kelemen is University Lecturer and Tutorial Fellow, Lincoln College, University of Oxford.

Table of Contents

Acknowledgments

Regulatory Federalism and the EU

Environmental Regulation in the EU

Environmental Regulation in the United States

Environmental Regulation in Germany

Environmental Regulation in Australia and Canada

Food and Drug Safety Regulation in the EU

Institutional Structure and Regulatory Style Notes

References

Cases Cited

Index

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