Document Type

Article

Publication Title

KLRI Journal of Law and Legislation

Abstract

A federalist form of government is used in several important nations, including the United States, Germany, India, Australia, Brazil, Canada, Malaysia, and Switzerland. A federalist form of government divides political sovereignty between a central federal authority and constituent states or provinces. To implement new government policy regulating private power, the challenging transcendent issues are legal and regulatory, rather than technical. Certain measures in various industrialized countries, when implemented at the state rather than federal level, must be designed and implemented carefully to achieve a legal, regulatory fit in a federalist system of government.

For purposes of comparison, this article considers the recent initiatives in many of these countries to alter the energy infrastructure from fossil-fuel to renewable energy options. While not all federalist systems in the world are the same, the United States offers a rubric for analysis. With close examination of policies attempted to be implemented by states in the United States, this article examines legal issues arising in implementing policies in a federalist system. Many things can go wrong or right, with more regulatory issues than first apparent.

First Page

93

Last Page

126

Publication Date

12-2011

Creative Commons License

Creative Commons Attribution-NonCommercial 4.0 International License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License

Find on SSRN

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.