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The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution

Larry Backer opines that 'Most of the academic work regarding the "lessons" offered by American federalism for the European Union ("EU") and other supra-national systems has predominantly focused on an understanding of post-Civil War American federalism. It remains, on that account, extremely superf...

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Main Author: Wesley, Tiffani
Other Authors: Stephan, Harry
Format: Thesis
Language:English
Published: Department of Political Studies 2014
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access_status_str Open Access
author Wesley, Tiffani
author2 Stephan, Harry
author_browse Stephan, Harry
Wesley, Tiffani
author_facet Stephan, Harry
Wesley, Tiffani
author_sort Wesley, Tiffani
collection Thesis
description Larry Backer opines that 'Most of the academic work regarding the "lessons" offered by American federalism for the European Union ("EU") and other supra-national systems has predominantly focused on an understanding of post-Civil War American federalism. It remains, on that account, extremely superficial.' Backer notes that there are important lessons to learn from Calhoun's marginalized understanding of federalism that provide emerging supra-national unions like the European Union with a powerful conceptual foundation for the construction of non-national federal systems of government. The research question seeks to test this debate, first by following the theoretical arguments that took place within the United States on the issue surrounding states' rights versus federalism, and second through the various court cases that have occurred within the European national courts and the European Court of Justice. In essence, the research question seeks to determine where the locus of power currently resides, or will tend to reside, between to the European Union and its member nations.
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id oai:open.uct.ac.za:11427/6805
institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:40:28.423Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2014
publishDateRange 2014
publishDateSort 2014
publisher Department of Political Studies
publisherStr Department of Political Studies
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/6805 The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution Wesley, Tiffani Stephan, Harry Larry Backer opines that 'Most of the academic work regarding the "lessons" offered by American federalism for the European Union ("EU") and other supra-national systems has predominantly focused on an understanding of post-Civil War American federalism. It remains, on that account, extremely superficial.' Backer notes that there are important lessons to learn from Calhoun's marginalized understanding of federalism that provide emerging supra-national unions like the European Union with a powerful conceptual foundation for the construction of non-national federal systems of government. The research question seeks to test this debate, first by following the theoretical arguments that took place within the United States on the issue surrounding states' rights versus federalism, and second through the various court cases that have occurred within the European national courts and the European Court of Justice. In essence, the research question seeks to determine where the locus of power currently resides, or will tend to reside, between to the European Union and its member nations. 2014-09-02T09:50:04Z 2014-09-02T09:50:04Z 2014 Master Thesis Masters MPolSc http://hdl.handle.net/11427/6805 eng application/pdf Department of Political Studies Faculty of Humanities University of Cape Town
spellingShingle Wesley, Tiffani
The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution
thesis_degree_str Master's
title The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution
title_full The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution
title_fullStr The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution
title_full_unstemmed The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution
title_short The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution
title_sort locus of power in the european union determining whether judicial power will remain at the nation state level or if the european union will merge into a federal institution
url http://hdl.handle.net/11427/6805
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AT wesleytiffani locusofpowerintheeuropeanuniondeterminingwhetherjudicialpowerwillremainatthenationstateleveloriftheeuropeanunionwillmergeintoafederalinstitution

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