Publication Details |
| Category | Text Publication |
| Reference Category | Book chapters |
| DOI | 10.1093/law/9780198790952.003.0030 |
| Title (Primary) | Distribution of powers |
| Title (Secondary) | The Oxford handbook of comparative environmental law |
| Author | Reese, M. |
| Publisher | Lees, E.; Viñuales, J.E. |
| Year | 2019 |
| Department | UPR |
| Page From | 678 |
| Page To | 702 |
| Language | englisch |
| Keywords | comparative environmental law; governments; distribution of powers; environmental competences; decentralization; federalism |
| UFZ inventory | Leipzig, Bibliothek, Hauptlesesaal, 00534871, 20-0003 DK: 349.6 Oxf |
| Abstract | This chapter discusses the distribution of powers in environmental policy, with emphasis on vertical—rather than horizontal—division of powers. The goal is to identify prominent model approaches and important differences in power distribution, as well as the pros and cons, and to derive lessons for future governance reforms. The chapter begins with an analysis of the distribution of powers in multilevel environmental governance, taking into account the distinction between federal and unitary systems; the role of administrative regulation and of executive competences; fiscal, taxing, and spending competences; and the role of local community governments and self-governing bodies. The most relevant normative concepts of vertical power distribution are then examined, with a particular focus on how centralization or decentralization of government powers is motivated or could be motivated. The chapter concludes with an assessment of the ‘telic’ approach of cooperative steering for functional distribution of powers. |
| Persistent UFZ Identifier | https://www.ufz.de/index.php?en=20939&ufzPublicationIdentifier=22618 |
| Reese, M. (2019): Distribution of powers In: Lees, E., Viñuales, J.E. (eds.) The Oxford handbook of comparative environmental law Oxford University Press, Oxford, p. 678 - 702 10.1093/law/9780198790952.003.0030 |
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