Synopses & Reviews
A FEDERATION FOR WESTERN EUROPE by W. IVOR JENNINGS M. A., LL. D. Reader in English Law in the University of London Of Grays Inn, Barrister-at-Law CAMBRIDGE AT THE UMIVERSITT PRESS 1940 By the same author CABINET GOVERNMENT PARLIAMENT PRINTED IN GREAT BRITAIN CONTENTS PREFACE PAGE vii CHAPTER I. THE PURPOSES OF FEDERATION i 1 . Towards a Practicable Scheme i 2. Federation or War 6 3. Economic Relations and Colonies 12 4. Plan of the Federation 14 CHAPTER II. A DEMOCRATIC FEDERATION 16 I. The Nucleus 16 2. A League of States 22 3. A Federation of Democracies 23 4. The Admission of New States 28 5. Collaboration with Other States 32 CHAPTER III. THE BRITISH COMMONWEALTH OF NATIONS 34 1. Consequences of Federation 34 2. Inclusion in the Federation 35 3. Newfoundland and Southern Rhodesia 39 4. Dominions outside the Federation 40 5. India and Burma 43 CHAPTER IV. COLONIES 45 1 . The Return of German Colonies 45 2. Transfer to the Federation 49 3. Colonial Limitations 51 4. A Colonial Commission 55 VI CONTENTS CHAPTER V. FEDERAL GOVERNMENT 1. Presidential or Parliamentary 61 2. The Peoples House 69 3. The States House 77 4. The Federal Government 82 5. The Dissolution of the Legislature 85 CHAPTER VI. THE PEDERATION AND THE STATES 89 1 . Relations in General 89 2. The Maintenance of Democracy 94 CHAPTER VII. DEFENCE 101 CHAPTER VIII. FOREIGN POLICY 105 1. External Relations 105 2. Relations between Federated States 108 3. International Organisations no CHAPTER IX. A EUROPEAN ECONOMY 112 1 . Economic Problems Generally 1 1 2 2. Inter-State Free Trade 115 3. Federal Powers and Free Trade 124 4. A Federal Commerce Power 131 5. Taxation 142 CHAPTERX. JUDICIAL SETTLEMENT OF DISPUTES 144 1 . TheJudicial Power 144 2. The Judges 148 3. Amendment of the Constitution 150 CHAPTER XI. A PRACTICABLE SCHEME 153 APPENDIX. Rough Draft of a Proposed Constitution for a Federation of Western Europe 159 INDEX 180 PREFACE A LOCATES of a federal solution of our immediate post-war problems have been accused of favour ing a vague Utopian ideal without giving adequate consideration to the many difficulties involved. In a recent issue of The Spectator, for instance, Mr Harold Nicolson expresses the hope that the Federal Unionists will not allow their flock to imagine that they have discovered a solution when in fact they have done no more than propound a most important riddle. The criticism was no doubt just according to the information possessed by Mr Nicolson and others outside FEDERAL UNION. In fact, however, those connected with that organisation have for a long time realised that a general idea is not a solution, and committees called together by Mr Patrick Ransome and presided over by Sir William Beveridge have been at work for months on the detailed problems involved. Mr Nicolson mentions, for instance, a number of specific difficulties which, he thought, ought to have been discussed. I have personally been present when every one of those difficulties has been debated at length. Indeed, we could add hundreds to the score that Mr Nicolson mentions. I was asked to attend a meeting of the Political Committee imme diately on my return from Canada in October. After that, it was thought desirable that a constitutional lawyer Vlll PREFACE should be present at the meetings of the various groups of experts. As a result, I have been present at every meeting, with the exception of the first meetingof the Economics Committee. The experts present at these meetings have been drawn from the best talent avail able outside the Government service, and many of them have doubted the practicability of federation as a solution but have nevertheless given us their assistance on technical problems. In consequence, I have had every opportunity of formulating tentative conclusions. The problems involved cannot be settled, even to our own satisfaction, in a few months...