Canada’s budding legal marijuana market requires federal-provincial cooperation in order to succeed, according to a new C.D. Howe Institute report. In “Joint Venture: A Blueprint for Federal and Provincial Marijuana Policy,” author Anindya Sen argues that the federal government should retain powers over health and safety regulations, and provinces should have the freedom to design their own distribution systems.
{"title":"Joint Venture: A Blueprint for Federal and Provincial Marijuana Policy","authors":"Anindya Sen","doi":"10.2139/ssrn.2768975","DOIUrl":"https://doi.org/10.2139/ssrn.2768975","url":null,"abstract":"Canada’s budding legal marijuana market requires federal-provincial cooperation in order to succeed, according to a new C.D. Howe Institute report. In “Joint Venture: A Blueprint for Federal and Provincial Marijuana Policy,” author Anindya Sen argues that the federal government should retain powers over health and safety regulations, and provinces should have the freedom to design their own distribution systems.","PeriodicalId":265694,"journal":{"name":"PSN: Intergovernmental Relations & Federalism (Topic)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126747792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Government procurement is perhaps one of the most under-explored areas in the recent academic literature on transatlantic economic relations and yet it is also one of the most protected economic sectors addressed in the Transatlantic Trade and Investment Partnership (TTIP) negotiations. Even though the EU and the US have undertaken extensive reciprocal procurement commitments under the WTO’s Agreement on Government Procurement, as well as in their respective preferential trade agreements (PTAs), the liberalisation and harmonisation of the transatlantic procurement market could not be more ambiguous or controversial. This paper aims to deepen our understanding of crucial aspects of the current EU–US procurement relationship. To this end, the paper explores the TTIP negotiations as well as similar PTAs and underlines the potential implications in terms of the fragmentation of the international discipline of procurement regulation.
政府采购可能是最近关于跨大西洋经济关系的学术文献中最未被充分探讨的领域之一，但它也是跨大西洋贸易和投资伙伴关系(TTIP)谈判中最受保护的经济部门之一。尽管欧盟和美国在世贸组织的《政府采购协定》(Agreement on Government procurement)以及各自的优惠贸易协定(pta)中都作出了广泛的互惠采购承诺，但跨大西洋采购市场的自由化和协调化却非常模棱两可或充满争议。本文旨在加深我们对当前欧盟-美国采购关系关键方面的理解。为此，本文探讨了TTIP谈判以及类似的pta，并强调了采购监管国际纪律碎片化的潜在影响。
{"title":"TTIP Negotiations and Public Procurement: A Federalist Approach","authors":"M. Corvaglia","doi":"10.2139/ssrn.2958136","DOIUrl":"https://doi.org/10.2139/ssrn.2958136","url":null,"abstract":"Government procurement is perhaps one of the most under-explored areas in the recent academic literature on transatlantic economic relations and yet it is also one of the most protected economic sectors addressed in the Transatlantic Trade and Investment Partnership (TTIP) negotiations. Even though the EU and the US have undertaken extensive reciprocal procurement commitments under the WTO’s Agreement on Government Procurement, as well as in their respective preferential trade agreements (PTAs), the liberalisation and harmonisation of the transatlantic procurement market could not be more ambiguous or controversial. This paper aims to deepen our understanding of crucial aspects of the current EU–US procurement relationship. To this end, the paper explores the TTIP negotiations as well as similar PTAs and underlines the potential implications in terms of the fragmentation of the international discipline of procurement regulation.","PeriodicalId":265694,"journal":{"name":"PSN: Intergovernmental Relations & Federalism (Topic)","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124697014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Article argues that the U.S. Supreme Court should reinterpret the Spending Clause to work in tandem, rather than at odds, with its post-Lopez reading of the Commerce Clause. Any substitute for the standard of review set out in South Dakota v. Dole, however, must reconcile two potentially conflicting goals. It must strive to safeguard both state autonomy and the related principle of a federal government of enumerated powers by restricting Congress from using conditional offers of federal funds in order to regulate the states in ways that it could not directly mandate. At the same time it must preserve for Congress a power to spend that is greater and broader than its power to regulate the states directly. Thus, this Article proposes that the Court presume invalid that subset of offers of federal funds to the states which, if accepted, would regulate the states in ways that Congress could not directly mandate under its other Article I powers. This presumption could be rebutted by a judicial finding that the offer of funds constitutes "reimbursement spending" rather than "regulatory spending" legislation. The Article begins by discussing both the problem posed by conditional offers of federal funds to the states and the insights into that problem afforded by traditional formulations of the unconstitutional conditions doctrine. A brief examination of the development of the Supreme Court's jurisprudence in this area and a review of the academic commentary follow. Part II offers three normative arguments which, taken together, demonstrate that the courts should presume invalid those conditional offers of federal funds to the states that seek to regulate them in ways Congress could not achieve directly. Thus, these arguments also explain both why the Dole test needs rethinking and why the proposed test is preferable, if still imperfect. Part III begins with a critique of the major proposals for reforming Spending Clause doctrine that have been offered to date. It then presents the proposed test and explains the operation of, and reasons for, the critical distinction the test makes between "reimbursement spending" and "regulatory spending" legislation. This Part concludes by considering four congressional enactments (two actual and two hypothetical), under both the prevailing Dole test and the proposed test.
{"title":"Conditional Federal Spending after Lopez","authors":"Lynn A. Baker","doi":"10.2307/1123272","DOIUrl":"https://doi.org/10.2307/1123272","url":null,"abstract":"This Article argues that the U.S. Supreme Court should reinterpret the Spending Clause to work in tandem, rather than at odds, with its post-Lopez reading of the Commerce Clause. Any substitute for the standard of review set out in South Dakota v. Dole, however, must reconcile two potentially conflicting goals. It must strive to safeguard both state autonomy and the related principle of a federal government of enumerated powers by restricting Congress from using conditional offers of federal funds in order to regulate the states in ways that it could not directly mandate. At the same time it must preserve for Congress a power to spend that is greater and broader than its power to regulate the states directly. Thus, this Article proposes that the Court presume invalid that subset of offers of federal funds to the states which, if accepted, would regulate the states in ways that Congress could not directly mandate under its other Article I powers. This presumption could be rebutted by a judicial finding that the offer of funds constitutes \"reimbursement spending\" rather than \"regulatory spending\" legislation. The Article begins by discussing both the problem posed by conditional offers of federal funds to the states and the insights into that problem afforded by traditional formulations of the unconstitutional conditions doctrine. A brief examination of the development of the Supreme Court's jurisprudence in this area and a review of the academic commentary follow. Part II offers three normative arguments which, taken together, demonstrate that the courts should presume invalid those conditional offers of federal funds to the states that seek to regulate them in ways Congress could not achieve directly. Thus, these arguments also explain both why the Dole test needs rethinking and why the proposed test is preferable, if still imperfect. Part III begins with a critique of the major proposals for reforming Spending Clause doctrine that have been offered to date. It then presents the proposed test and explains the operation of, and reasons for, the critical distinction the test makes between \"reimbursement spending\" and \"regulatory spending\" legislation. This Part concludes by considering four congressional enactments (two actual and two hypothetical), under both the prevailing Dole test and the proposed test.","PeriodicalId":265694,"journal":{"name":"PSN: Intergovernmental Relations & Federalism (Topic)","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124604337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The consequences of the social and economic reforms of the 1990's in Russia are analyzed. The advantages of forming and developing of complete economic systems are proven. The importance of the regional aspect in the functioning and development of the national economy is revealed. The theoretical and methodological basis of institutional organization of regional development in Russia is considered.
{"title":"Institutional Organization of Regional Management in Russia","authors":"V. Partsvaniya, A. Zarnadze","doi":"10.1515/2434","DOIUrl":"https://doi.org/10.1515/2434","url":null,"abstract":"The consequences of the social and economic reforms of the 1990's in Russia are analyzed. The advantages of forming and developing of complete economic systems are proven. The importance of the regional aspect in the functioning and development of the national economy is revealed. The theoretical and methodological basis of institutional organization of regional development in Russia is considered.","PeriodicalId":265694,"journal":{"name":"PSN: Intergovernmental Relations & Federalism (Topic)","volume":"8 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132581422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Congress authorizes and funds various urban redevelopment programs, and local actors attempt to use these programs to address urban issues and concerns, yet many policies do not live up to expectations. Urban scholars tend to focus on local political or economic arrangements to explain this phenomenon, while public policy scholars emphasize the role of special interest or bureaucratic influence on policy success/failure. In this paper, I suggest a new framework for examining urban policy: intercurrence. I operationalize this theoretical framework, drawn from the political science subfield of American political development (APD), to examine the ideas and institutional ordering mechanisms manifest in the Community Reinvestment Act (CRA). I argue that policy creation and evolution can best be understood by looking at ideas about and the institutional arrangements embedded within urban policy, specifically the relationship between the public and private sectors, between state, local and federal governments, and between the Executive and Legislative branches.
{"title":"The Political Development of Urban Policy: Understanding the Role of Ideas and Institutions Through Intercurrence","authors":"Amy Widestrom","doi":"10.2139/ssrn.2477932","DOIUrl":"https://doi.org/10.2139/ssrn.2477932","url":null,"abstract":"Congress authorizes and funds various urban redevelopment programs, and local actors attempt to use these programs to address urban issues and concerns, yet many policies do not live up to expectations. Urban scholars tend to focus on local political or economic arrangements to explain this phenomenon, while public policy scholars emphasize the role of special interest or bureaucratic influence on policy success/failure. In this paper, I suggest a new framework for examining urban policy: intercurrence. I operationalize this theoretical framework, drawn from the political science subfield of American political development (APD), to examine the ideas and institutional ordering mechanisms manifest in the Community Reinvestment Act (CRA). I argue that policy creation and evolution can best be understood by looking at ideas about and the institutional arrangements embedded within urban policy, specifically the relationship between the public and private sectors, between state, local and federal governments, and between the Executive and Legislative branches.","PeriodicalId":265694,"journal":{"name":"PSN: Intergovernmental Relations & Federalism (Topic)","volume":"621 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116456701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In a decentralized setting, are policy targets imposed by the central government on local elected officials effective? And when? We address these questions in Italy, where the central government has set a target for childcare coverage at the municipal level for Southern regions since 2007. We first implement a difference-in-differences estimator where the municipalities already complying with the target comprise the control group. We then implement a triple-difference estimator with the additional control group of municipalities in the bordering Central regions. Our results show that elected officials comply with the target mainly when it is coherent with voters’ preferences (as measured by the characteristics of the resident female population) and in reaction to political incentives (as measured by partisan alignment among levels of government).
{"title":"Central Targets and Local Agendas: Missing Lisbon 2010","authors":"M. Antonelli, V. Grembi","doi":"10.2139/ssrn.2161985","DOIUrl":"https://doi.org/10.2139/ssrn.2161985","url":null,"abstract":"In a decentralized setting, are policy targets imposed by the central government on local elected officials effective? And when? We address these questions in Italy, where the central government has set a target for childcare coverage at the municipal level for Southern regions since 2007. We first implement a difference-in-differences estimator where the municipalities already complying with the target comprise the control group. We then implement a triple-difference estimator with the additional control group of municipalities in the bordering Central regions. Our results show that elected officials comply with the target mainly when it is coherent with voters’ preferences (as measured by the characteristics of the resident female population) and in reaction to political incentives (as measured by partisan alignment among levels of government).","PeriodicalId":265694,"journal":{"name":"PSN: Intergovernmental Relations & Federalism (Topic)","volume":"23 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123554567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper traces the normative side of James Buchanan’s individualist-subjectivist-contractarian position. The literature on anarchy and radical self-governance treats Buchanan’s position, and social contract theory more generally, as a rival rather than allied branch of analysis. However, I argue that Buchanan’s normative position, if taken to its logical conclusion, yields conclusions commensurate with anarchy. Buchanan’s theory of individual sovereignty suggests that political action is justified only to the extent that it adheres to a social contract that meets the requirements of conceptual unanimity. It also suggests individuals have the right to secede from communities they feel no longer adhere to the social contract. These beliefs form the foundation of a social contract theory deserving the label "anarchic."
{"title":"James Buchanan and Contractarian Anarchy","authors":"A. Salter","doi":"10.2139/ssrn.2324373","DOIUrl":"https://doi.org/10.2139/ssrn.2324373","url":null,"abstract":"This paper traces the normative side of James Buchanan’s individualist-subjectivist-contractarian position. The literature on anarchy and radical self-governance treats Buchanan’s position, and social contract theory more generally, as a rival rather than allied branch of analysis. However, I argue that Buchanan’s normative position, if taken to its logical conclusion, yields conclusions commensurate with anarchy. Buchanan’s theory of individual sovereignty suggests that political action is justified only to the extent that it adheres to a social contract that meets the requirements of conceptual unanimity. It also suggests individuals have the right to secede from communities they feel no longer adhere to the social contract. These beliefs form the foundation of a social contract theory deserving the label \"anarchic.\"","PeriodicalId":265694,"journal":{"name":"PSN: Intergovernmental Relations & Federalism (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116829955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In many federations, fiscal equalization schemes soften fiscal imbalances across the member states. Such schemes usually imply that the member states internalize only a small fraction of the additional tax revenue from an expansion of the state-specific tax bases, while the remainder of the additional tax revenue is redistributed horizontally or vertically. We address the question as to which extent state-level jurisdictions in such a federation underexploit their tax bases. By means of a stylized model we show that the state authorities in such a federation have incentives to align the effective tax rates of their residents to the internalized fraction of marginal tax revenue. We empirically test the model using three setups: one state level exercise and two micro level exercises using administrative income-tax data in form of an OLS regression and a natural-experiments design. All setups support the results from our theoretical model.
{"title":"Fiscal Federalism and Tax Administration -- Evidence From Germany","authors":"Timm Bönke, Beate Jochimsen, Carsten Schröder","doi":"10.2139/ssrn.2294400","DOIUrl":"https://doi.org/10.2139/ssrn.2294400","url":null,"abstract":"In many federations, fiscal equalization schemes soften fiscal imbalances across the member states. Such schemes usually imply that the member states internalize only a small fraction of the additional tax revenue from an expansion of the state-specific tax bases, while the remainder of the additional tax revenue is redistributed horizontally or vertically. We address the question as to which extent state-level jurisdictions in such a federation underexploit their tax bases. By means of a stylized model we show that the state authorities in such a federation have incentives to align the effective tax rates of their residents to the internalized fraction of marginal tax revenue. We empirically test the model using three setups: one state level exercise and two micro level exercises using administrative income-tax data in form of an OLS regression and a natural-experiments design. All setups support the results from our theoretical model.","PeriodicalId":265694,"journal":{"name":"PSN: Intergovernmental Relations & Federalism (Topic)","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124894892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-06-01DOI: 10.1111/j.1540-5850.2013.12010.x
B. Dash, A. Raja
This study examines whether the impact of intergovernmental transfers on tax effort of Indian states depends on the composition of transfers (conditional vis‐a‐vis unconditional). It also tests the asymmetry hypothesis, which states that subnational governments respond to increases in transfers differently from losses. The evidence suggests that tax collections, including both indirect and direct taxes, are inversely related to unconditional transfers irrespective of whether they are increasing or decreasing. Imposition of conditions on transfers has prevented the Indian states from substituting such transfers for tax collection (direct tax collection is an exception). Direct tax collection responds most sensitively to transfers.
{"title":"Intergovernmental Transfers and Tax Collection in India: Does the Composition of Transfers Matter?","authors":"B. Dash, A. Raja","doi":"10.1111/j.1540-5850.2013.12010.x","DOIUrl":"https://doi.org/10.1111/j.1540-5850.2013.12010.x","url":null,"abstract":"This study examines whether the impact of intergovernmental transfers on tax effort of Indian states depends on the composition of transfers (conditional vis‐a‐vis unconditional). It also tests the asymmetry hypothesis, which states that subnational governments respond to increases in transfers differently from losses. The evidence suggests that tax collections, including both indirect and direct taxes, are inversely related to unconditional transfers irrespective of whether they are increasing or decreasing. Imposition of conditions on transfers has prevented the Indian states from substituting such transfers for tax collection (direct tax collection is an exception). Direct tax collection responds most sensitively to transfers.","PeriodicalId":265694,"journal":{"name":"PSN: Intergovernmental Relations & Federalism (Topic)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128950437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper traces the process of the formulation of Decentralised Planning in the Tribal Regions of Odisha while examining the case of Sundargarh District. The paper also tries to provide an analytical glimpse between the powers devolved to the Local Governments in the Scheduled Areas of Odisha to formulate Decentralised Planning and ground reality of preparation of such plans in the context of the implementation of the Provisions of Panchayats (Extension to Scheduled Areas) Act (PESA Act). Formulation of Decentralised Planning in Odisha was taken up in the year 2008. However, based on the secondary data and field experience, the paper has revealed that “structural impediments” and “functional incapacity” of the Local Governments in the Scheduled Areas have hampered the spirit of such institutions with regard to the planning and implementation of the development programs. The paper argues that Decentralised Plans should be realistic based on the effective utilisation of local resources. Local development issues should be prioritised and implementation should be done accordingly. The issues of participation, prioritisation of development needs and rationalisation of the required and available funds are suggested as policy measures considering the provisions of the PESA Act.
{"title":"Local Governments and Decentralised Planning in Scheduled Areas of Odisha: Case Study of a Tribal District","authors":"B. Mohapatra","doi":"10.2139/ssrn.2197200","DOIUrl":"https://doi.org/10.2139/ssrn.2197200","url":null,"abstract":"This paper traces the process of the formulation of Decentralised Planning in the Tribal Regions of Odisha while examining the case of Sundargarh District. The paper also tries to provide an analytical glimpse between the powers devolved to the Local Governments in the Scheduled Areas of Odisha to formulate Decentralised Planning and ground reality of preparation of such plans in the context of the implementation of the Provisions of Panchayats (Extension to Scheduled Areas) Act (PESA Act). Formulation of Decentralised Planning in Odisha was taken up in the year 2008. However, based on the secondary data and field experience, the paper has revealed that “structural impediments” and “functional incapacity” of the Local Governments in the Scheduled Areas have hampered the spirit of such institutions with regard to the planning and implementation of the development programs. The paper argues that Decentralised Plans should be realistic based on the effective utilisation of local resources. Local development issues should be prioritised and implementation should be done accordingly. The issues of participation, prioritisation of development needs and rationalisation of the required and available funds are suggested as policy measures considering the provisions of the PESA Act.","PeriodicalId":265694,"journal":{"name":"PSN: Intergovernmental Relations & Federalism (Topic)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123045563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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