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At this place, the Forum edits monthly current books on Franco-German
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THE
BOOK
OF THE MONTH
Andreas Schwab
DEVOLUTION - THE ASYMMETRICAL ORDER OF THE UK-STATE
Regionalism is not only a matter in the E.U., but also for the Franco-German
relationship. Therefore, the devolution legislation is of special
interest, as the British state reform might also open a new constitutional
path in the E.U. The book identifies the "constitutional" nature
of the devolution legislation in the United Kingdom. Taking a historical
approach, it firstly refers to the basements of the United Kingdom
as a coming together of different nations. It is shown that the
Union-state, although partly making different arrangements for its
component nations, has developed alongside the doctrine of Parliamentary
sovereignty, a doctrine which is completely unfamiliar with the
sharing of competence. The main part of the book deals with the
details of the devolution acts for Scotland, Wales and Northern
Ireland and the creation of regional units in England. To understand
the new constitutional settlement from a continental lawyer's perspective,
the book finally analyses it is finally analysed how devolution
organises the sharing of the different powers between the regions
and the central state: Legislative, Executive, Finance and Jurisdiction.
The analysis proves the asymmetrical structure of the British State.
This is also shown by a comparison of devolution with the Spanish
con-cept of "communidades autonomidas" and the principles of the
Euro-pean Charter of Regional Self-Government. It is argued that
the new "con-stitutional" order has, although being asymmetrical,
quite strong federal elements and that the UK thereby follows in
some way a European constitutional model.
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Andreas Schwab
Devolution - die asymmetrische Staatsordnung des VK
Nomos Verlag
Baden-Baden 2002
ISBN 3-7890-8067-5
66 €
our
rating
* * * * * / 5
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