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Federalism and Legal Unification: A Comparative Empirical by Daniel Halberstam, Mathias Reimann

By Daniel Halberstam, Mathias Reimann

How and to what measure do federations produce uniform legislations inside their approach? This comparative empirical research addresses those questions comprehensively for the 1st time. initially produced less than the auspices of the foreign Academy of Comparative legislations, this quantity examines felony unification in twenty federations all over the world.

Each of the successive chapters offers the forces of unification in the course of the lens of a selected federal approach. A comparative assessment bankruptcy presents an in depth research of the final effects with compelling visible illustrations of felony unification alongside diversified dimensions (e.g. by way of quarter of legislations; by way of federation; via civil vs universal legislations system). The review bankruptcy summarizes and analyzes the potential and techniques of felony unification and the measure of felony unification of every method, and explains the using forces of felony team spirit and variety in federations extra more often than not.

The quantity offers miraculous findings that are supposed to make students reconsider their abandonment of the civil legislation vs. universal legislations contrast in comparative legislation. ​


This ebook is a milestone within the learn of federalism. it's a infrequent and welcome melding of comparative legislations and comparative politics utilizing either unique info and qualitative research. Wide-ranging, probing, and definitive, this e-book is a useful source for college kids of legislations, politics, and multi-level governance.

Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

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Extra resources for Federalism and Legal Unification: A Comparative Empirical Investigation of Twenty Systems

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The leading characteristic in this regard would be whether the system of government at the center is a parliamentary system or a presidential system with separation of powers. As the latter adds another “veto player”79 to the central legislative process, one might expect separation of powers systems to produce less central legislation and, therefore, feature a lower degree of legal unification than parliamentary systems. The data, however, do not seem to bear this out – at least not in a straightforward manner.

In addition, no major area of law is reported as always uniform or always diverse. Instead, most are clustered somewhere above or around the midpoint. 0). Beyond these generalities, we offer four more specific observations. First, the most unified area is “Law of the Market” (which includes corporate, securities, antitrust, labor and employment, intellectual property, banking, insurance, and bankruptcy law). This is true in virtually all systems. This may reflect the system-wide nature of the respective economies; at least according to standard wisdom, legal uniformity serves an integrated market by lowering transaction costs.

Finally, since its creation in 2004, the Mexican Center of Uniform Law has worked towards harmonization and unification of law in the Mexican federal system (and beyond). It has cooperated with the NCCUSL in the United States and the ULCC in Canada. It is currently undertaking the project of a model contract law for the Mexican states, and it has played a significant role in putting together the White Book of the Mexican Supreme Court, which emphasizes the need for greater harmonization and uniformity in the Mexican federation.

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