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Comparative Federalism

A Study in Judicial Interpretation

  • Book
  • © 1964

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Authors:
  1. Victor S. Mackinnon

    1. University of Edinburgh, UK

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Table of contents (13 chapters)

  1. Front Matter

    Pages N3-XXVII
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  2. The Regulation of Interstate Commerce

    1. Front Matter

      Pages 1-1
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    2. The Definition of Interstate Commerce

      • Victor S. Mackinnon
      Pages 3-8

    3. Regulation? — or Prohibition?

      • Victor S. Mackinnon
      Pages 9-21

    4. Inter-State or Intra-State? Where Does Interstate Commerce Begin and End?

      • Victor S. Mackinnon
      Pages 22-35

    5. Regulation? — or Discrimination?

      • Victor S. Mackinnon
      Pages 36-45

    6. The Regulation of Particular Kinds of Interstate Commerce

      • Victor S. Mackinnon
      Pages 46-80

  3. The Taxation of Interstate Commerce

    1. Front Matter

      Pages 81-81
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    2. The Definition of Taxation

      • Victor S. Mackinnon
      Pages 83-85

    3. Taxation? — or Regulation?

      • Victor S. Mackinnon
      Pages 86-99

    4. Direct Taxation? — or Indirect Taxation?

      • Victor S. Mackinnon
      Pages 100-119

  4. Related Techniques of Interpretation

    1. Front Matter

      Pages 121-121
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    2. Implication and Inference

      • Victor S. Mackinnon
      Pages 123-135

    3. Incidental, Ancillary, and Necessary and Proper

      • Victor S. Mackinnon
      Pages 136-146

    4. Aspect, Pith and Substance, and True Nature and Character

      • Victor S. Mackinnon
      Pages 147-155

    5. Inconsistency, Trenching, and Supremacy

      • Victor S. Mackinnon
      Pages 156-167

  5. Conclusions

    1. Front Matter

      Pages 169-169
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    2. Purpose and Effect

      • Victor S. Mackinnon
      Pages 171-180

  6. Back Matter

    Pages 181-188
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Keywords

About this book

Modem societies, - like organized societies of all eras, - suffer from antithetical aspirations, from competing institutionalizations of that which is desirable, and that which, though unwelcome, is inevitable. Men clearly see the advantages of localism, of the self determination of small peoples, of l' amour du chocher uninhibited by imperial sovereign­ ty. At the same time men everywhere are seeing the clear necessity of bigness in organization of national effort. When the question is military organization no one has much doubt that strength derives from power­ ful union. The Swiss, to be sure, have continued independent not because of their power, but because of the convenience of their in­ dependent existence. In a world-society of titans, there must be members who are small, respected, independent and unfeared, available to be intermediaries. If Switzerland did not exist, it would have been necessary to invent her. But the power centers are those with the big battalions and the megatons of bombs; both demand great aggregates. Tomorrow's military power structure is calculated in the hundreds of millions of people. The world will afford only a few Switzerlands. The drive toward bigness is as inevitable in the economic world as in that of destructive machines. Economic problems in the next century, and in the next after it, will require the concentrated re­ sources of the nations; we must produce adequate food for the billions, or else billions will war against billions.

Authors and Affiliations

  • University of Edinburgh, UK

    Victor S. Mackinnon

Bibliographic Information

  • Book Title: Comparative Federalism

  • Book Subtitle: A Study in Judicial Interpretation

  • Authors: Victor S. Mackinnon

  • DOI: https://doi.org/10.1007/978-94-011-8910-1

  • Publisher: Springer Dordrecht

  • eBook Packages: Springer Book Archive

  • Copyright Information: Martinus Nijhoff, The Hague, Netherlands 1964

  • Softcover ISBN: 978-94-011-8237-9Published: 01 January 1964

  • eBook ISBN: 978-94-011-8910-1Published: 06 December 2012

  • Edition Number: 1

  • Number of Pages: 188

  • Topics: Political Science, Theories of Law, Philosophy of Law, Legal History

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