The Rules of Federalism: Institutions and Regulatory Politics in the EU and Beyond

by R. Daniel Kelemen

Overview

This book examines patterns of environmental regulation in the European Union and four federal polities—the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena.

In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes.

Product Details

ISBN-13:	9780674013094
Publisher:	Harvard University Press
Publication date:	04/30/2004
Pages:	256
Product dimensions:	6.12(w) x 9.25(h) x 0.75(d)

About the Author

R. Daniel Kelemen is the Jean Monnet Chair and Director of the Center for European Studies and Associate Professor of Political Science at Rutgers University.

Table of Contents

Acknowledgments

1. Regulatory Federalism and the EU

2. Environmental Regulation in the EU

3. Environmental Regulation in the United States

4. Environmental Regulation in Germany

5. Environmental Regulation in Australia and Canada

6. Food and Drug Safety Regulation in the EU

7. Institutional Structure and Regulatory Style

Notes

References

Cases Cited

Index

What People are Saying About This

The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Kelemen's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union.

Alberta Sbragia

R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry.
— Alberta Sbragia, University of Pittsburgh

Susan Rose-Ackerman

The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Kelemen's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union.
— Susan Rose-Ackerman, Yale Law School

Editorial Reviews

In this engaging, clearly written volume, Daniel Kelemen synthesizes and elaborates a theoretical model that contributes to several literatures. As a study of the European Union, it stands at the logical endpoint of a growing trend toward the application of analytical tools drawn from conventional comparative politics. As an account of governmental institutions, the broad analytic narrative breaks new ground in sorting out the consequences of federalism. As an analysis of public policy, especially environmental policy, the book offers a new argument about the institutional sources of regulatory politics...As a comparative study of the institutional politics of regulation, The Rules of Federalism is in several ways an exemplary work. Rarely has a comparative framework done more to illuminate the properties of the European Union, or to put the case of the EU to work in the service of more general theoretical analyses of politics and policy...The analysis also takes a decisive step beyond descriptive comparison of regulatory styles toward historical institutional explanation of their sources...Kelemen elaborates a point of view that should help recast debates about the nature of European integration...The theoretical contributions and innovative comparative design of this study make it an important addition to the literature on comparative public policy and comparative federalism. Although it is unlikely to settle the vigorous ongoing debates about the nature of the EU, it offers a significant new perspective that is must reading for scholars working on the subject.

Jeffrey M. Sellers

The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Kelemen's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union.

Susan Rose-Ackerman

Daniel Kelemen's sober assessment of federal governance in the EU, the U.S., Germany, Canada, and Australia is refreshing...He proves himself a clear-sighted and profound scholar of German federalism...His conclusion, according to which the EU is moving along a path in the direction of American-style federalism, is well-founded and therefore thought-provoking.

Frankfurter Allgemeine Zeitung - Olaf Poeschke

This is an impressive achievement.

Publius - Robert T. Nakamura

R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry.

Alberta Sbragia

Kelemen defines the European Union (EU) as a federal polity whose principle legislative function is to make social regulations. He develops a theory of regulatory federalism and applies it to the EU on the basis of a broad comparative analysis of the implementation of environmental regulations in Australia, Canada, Germany, and the U.S....[An] outstanding contribution to the literature on federalism and policy. The first chapter, the theoretical chapter, is worth the price of the book alone.

Choice - A. F. Johnson

Daniel Kelemen's sober assessment of federal governance in the EU, the U.S., Germany, Canada, and Australia is refreshing...He proves himself a clear-sighted and profound scholar of German federalism...His conclusion, according to which the EU is moving along a path in the direction of American-style federalism, is well-founded and therefore thought-provoking.
— Olaf Poeschke

Frankfurter Allgemeine Zeitung

In this engaging, clearly written volume, Daniel Kelemen synthesizes and elaborates a theoretical model that contributes to several literatures. As a study of the European Union, it stands at the logical endpoint of a growing trend toward the application of analytical tools drawn from conventional comparative politics. As an account of governmental institutions, the broad analytic narrative breaks new ground in sorting out the consequences of federalism. As an analysis of public policy, especially environmental policy, the book offers a new argument about the institutional sources of regulatory politics...As a comparative study of the institutional politics of regulation, The Rules of Federalism is in several ways an exemplary work. Rarely has a comparative framework done more to illuminate the properties of the European Union, or to put the case of the EU to work in the service of more general theoretical analyses of politics and policy...The analysis also takes a decisive step beyond descriptive comparison of regulatory styles toward historical institutional explanation of their sources...Kelemen elaborates a point of view that should help recast debates about the nature of European integration...The theoretical contributions and innovative comparative design of this study make it an important addition to the literature on comparative public policy and comparative federalism. Although it is unlikely to settle the vigorous ongoing debates about the nature of the EU, it offers a significant new perspective that is must reading for scholars working on the subject.
— Jeffrey M. Sellers

Perspectives on Politics

This is an impressive achievement.
— Robert T. Nakamura

Publius

Kelemen defines the European Union (EU) as a federal polity whose principle legislative function is to make social regulations. He develops a theory of regulatory federalism and applies it to the EU on the basis of a broad comparative analysis of the implementation of environmental regulations in Australia, Canada, Germany, and the U.S....[An] outstanding contribution to the literature on federalism and policy. The first chapter, the theoretical chapter, is worth the price of the book alone.
— A. F. Johnson

Choice