Concurrent Powers in Federal Systems

Meaning, Making, Managing


Editor: Nico Steytler
Concurrency of powers – the exercise of jurisdiction by federal governments and constituent units in the same policy areas – is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, and review management strategies that seek to guard against central dominance of concurrent areas.

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Nico Steytler is the South African Research Chair in Multilevel Government, Law and Policy, University of the Western Cape, South Africa. His research is comparative federalism and is the past president of the International Association of Centres for Federal Studies.
Notes on Contributors; Preface; List of Acronyms;
Chapter 1: The currency of concurrency - Nico Steytler;
Chapter 2: The Meanings of Concurrency - Anna Dziedzic and Cheryl Saunders;
Chapter 3: From Dualistic Autonomous Concurrency to Marbleized Permissive Concurrency in the United States - John Kincaid;
Chapter 4: Concurrent Powers as Doors to Legislative Innovation, Conditional Powers as Gates to the Blind Alley: Some Swiss Illustrations - Eva Maria Belser;
Chapter 5: What’s Wrong with Concurrency? Comparative Reflections based on Constitutional Reforms in Germany and Italy - Francesco Palermo;
Chapter 6: Concurrent Powers in Italy: the New State-centred Approach and Prospects for Reform - Paulo Colasante;
Chapter 7: De Facto Concurrency in Spain - Carles Viver Pi-Sunyer and Marcè Corretja Torrens;
Chapter 8: Concurrent Powers in the EU and their Impact on the Powers of Member States - Stelio Mangiameli;
Chapter 9: Concurrency of Powers in the Russian Federation - Ivan Leksin and Viacheslav Seliverstov;
Chapter 10: Fiscal Federalism and Concurrence of Taxing Powers in Argentina: A Historical Perspective - Miguel Angel Asensio;
Chapter 11: Concurrent Powers in Brazil’s Federal System - Gilberto Rodrigues;
Chapter 12: Concurrent Powers in South Africa - Jaap de Visser;
Chapter 13: Concurrent Powers in the Ethiopian Federal System - Assefa Fiseha and Zemelak Ayele;
Chapter 14: Concurrency in the 2010 Kenya Constitution - Conrad M. Bosire;
Chapter 15: Concurrency of Powers in Deeply Divided Countries: The Case of Yemen’s Draft Constitution - Nico Steytler;
Chapter 16: Concurrency of Powers: The Zebra in the Room - Nico Steytler;
Academic libraries; public libraries; academics specialising in federalism in the fields of law, politics, economics; research institutes on governance; post-graduate students in federalism, constitutional lawyers; international development institutions, UN agencies.