Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine’s formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government.
Courts and Federalism will appeal to readers interested in the comparative study of law and government as well as the interaction of law and federalism in contemporary society.
In this innovative exploration of Anglo-American federalism, the arc of the metaphysical pendulum embraces legal theory, judicial reasoning, and political calculation. An original work that draws upon law and politics, Baier’s study offers fresh perspective on a familiar topic: the division of powers. The author demonstrates that in Canadian legal debate an intellectual life exists beyond the Charter.
1. Judicial Doctrine as an Independent Variable in Federalism
2. A Brief History of Federalism Doctrine in Practice
3. The US Supreme Court: Revived Federalism
4. The Australian High Court: Legalistic Federalism
5. The Canadian Supreme Court: Balanced Federalism
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