The Federal Vision Legitimacy and Levels of Governance in the US and EU

by Nicolaidis, Kalypso; Howse, Robert

• ISBN13: 9780199245017
• ISBN10: 0199245010
• Format: Hardcover
• Copyright: 2002-01-10
• Publisher: Oxford University Press

Summary

The "Federal Vision" is about the complex and changing relationship between levels of governance within the United States and in the European Union. Based on a transatlantic dialogue between scholars concerned about modes of governance on both sides, it is a collective attempt at analysing theramifications of the legitimacy crisis in our multi-layered democracies, and possible remedies. Starting from a focus on the current policy debatea over devolution and subsidiarity, the book engages the reader in to the broader tension of comparartive federalism. Its authors believe that in spite ofthe fundamental differences between them, both the EU and the US are in the process of re-defining a federal vision for the 21st century. This book represents an important new contribution to the study of Federalism and European integration, which seeks to bridge the divide between the two. It also bridges the traditional divide between technical, legal or regulatory discussions of federal governance and philosophical debates overquestions of belonging and multiple identities. It is a multi-disciplinary project, bringing together historians, political scientists and theorists, legal scholars, sociologists and political economists. It includes both innovative analysis and prescriptions on how to reshape the federal contractin the US and the EU. It includes introductions to the history of federalism in the US and the EU, the current debates over devolution and subsidarity, the leof federalism and theories of regulatory federalism, as well as innovative approaches to the application of network analysis, principal-agent models,institutionalist analysis, and political theories of citizenship to the federal context. The introduction and conclusion by the editors draws out cross-cutting themes and lessons from the thinking together of the EU and US experiemnces, and suggest how a federal vision could be freed from the jierarchical paradigm of the federal state and articulated around concepts of mutal tolerenceand empowerment.

Table of Contents

List of Figures	xii
List of Tables	xiii
Preface	xiv
Jacques Delors
Joseph Nye
Introduction: The Federal Vision, Levels of Governance, and Legitimacy	1	(30)
Robert Howse
Kalypso Nicolaidis
I: Articulating the Federal Vision
The United States and the European Union: Models for Their Epochs	31	(23)
Daniel J. Elazar
Federalism without Constitutionalism: Europe's Sonderweg	54	(19)
J. H. H. Weiler
II. Levels of Governance in the United States and the European Union: Facts and Diagnosis
Centralization and Its Discontents: The Rhythms of Federalism in the United States and the European Union	73	(45)
John D. Donahue
Mark A. Pollack
Blueprints for Change: Devolution and Subsidiarity in the United States and the European Union	118	(26)
David Lazer
Viktor Mayer-Schoenberger
Devolution in the United States: Rhetoric and Reality	144	(17)
John Kincaid
Federalism in the European Union: Rhetoric and Reality	161	(30)
Andrew Moravcsik
III. Legal and Regulatory Instruments of Federal Governance
The Role of Law in the Functioning of Federal Systems	191	(22)
George A. Bermann
Comparative Federalism and the Issue of Commandeering	213	(39)
Daniel Halberstam
Regulatory Legitimacy in the United States and the European Union	252	(25)
Giandomenico Majone
IV. Federalism, Legitimacy, and Governance: Models for Understanding
Securing Subsidiarity: The Institutional Design of Federalism in the United States and Europe	277	(23)
Cary Coglianese
Kalypso Nicolaidis
Federal Governance in the United States and the European Union: A Policy Network Perspective	300	(35)
John Peterson
Laurence J. O'Toole, Jr
Federalism and State Governance in the European Union and the United States: An Institutional Perspective	335	(20)
Vivien Schmidt
Democratic Legitimacy under Conditions of Regulatory Competition: Why Europe differs from the United States	355	(22)
Fritz W. Scharpf
V. Federalism, Legitimacy, and Identity
Citizenship and Federations: Some Preliminary Reflections	377	(26)
Sujit Choudhry
The Constitutions of Institutions	403	(10)
Elizabeth Meehan
Beyond Devolution: From Subsidiarily to Mutuality	413	(14)
Marc Landy
Steven M. Teles
European Citizenship: The Relevance of the American Model	427	(12)
Denis Lacorne
Conclusion: The Federal Vision Beyond the Federal State	439	(44)
Kalypso Nicolaidis
Appendix: Basic Principles for the Allocation of Competence in the United States and the European Union	483	(22)
George A. Bermann
Kalypso Nicolaidis
About the Contributors	505	(10)
Index	515