Trendy rozwojowe federalizmu amerykańskiego
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Date
1977
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Wydział Prawa i Administracji UAM
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Evolutional Trends of American Federalism
Abstract
Federal structure of American governmental system, shaped by the 1787 Constitution, has survived till now, although governmental institutions have undergone transformations together with the change of socio-economic conditions. The model of dual federalism has given way to the model of cooperative federalism. In spite of the centralist trends started by the New Deal reforms, the (initiatives undertaken
by presidents L. B. Johnson (Creative federalism), R. M. Nixon and G. R. Ford (new federalism) mean an attempt at preserving the equilibrium between the federal government and states. Intensification of forms of subsidies used till now (grants-in-aid) and introducing uconditional subsidies (revenue sharing) show that the lack of financial balance did not became for the federal government a signal for taking over the „endangered" state functions, a solution is sought in the way of strenghtening all the levels by subsidies so that can effectively manage their responsibilities as assigned to them by the federal division of tasks. To meet the growing responsibilities a modernization of state governments have been started in mid-sixties. The modernization increased the technocratic potential of state governments and broadened their possibilities in modern management. As alternatives to federal system the following solutions are most frequently quoted: regionalisation, basing local authorities on the institution of ethnic communes, increased importance of towns, the role of local authorities as ombudsman. These radical suggestions have however very little chance to be realized in immediate future, they might be caused only by a great crizis. American system reacts to smaller irregulations by releasing tensions. The immediate perspective
goes in the direction of particular transformations aiming at: rationalization and consolidation of local units, revision of constitution and modernization of state level, broadening federal subsidies for states and local governments, increasing federal government's responsibility for securing social services, growth in direct contacts between the federal government and local authorities. No radical centralist or decentralist alternative does constitute a panaceum in American conditions. Attachment to traditional solutions taking in consideration adaptational possibilities of federalism seems to determinate its further functioning. Pragmatic tendencies will show themselves in attempts to modernize all levels of government in purpose to readjust them to changing needs and conditions of life of American society.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 39, 1977, z. 3, s. 87-104