Publication Details

Reference Category Book chapters
DOI / URL link
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;
Language englisch;
POF III (all) T12;
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.
ID 22618
Persistent UFZ Identifier
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