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Federalism and the Tug of War Within

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0002
Subject:
Law, Constitutional and Administrative Law

Chapter two takes on the critical question of why the Constitution establishes a federal system at all. After considering the political origins of federalism, the fraught relationship between ... More


Federalism and Subsidiarity: Perspectives from U.S. Constitutional Law

Steven G. Calabresi and Lucy D. Bickford

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0005
Subject:
Political Science, Political Theory

This chapter examines the relationship between federalism and subsidiarity within the context of U.S. constitutional law. It begins with an overview of the Economics of Federalism and of subsidiarity ... More


The Return of Dualism

in Polyphonic Federalism: Toward the Protection of Fundamental Rights

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226736624
eISBN:
9780226736648
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226736648.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter investigates the failure of the dualist conception of federalism still dominant on the United States Supreme Court and in the halls of the academy. It outlines the dualist underpinnings ... More


Varieties of federalism and propensities for change

César Colino

in Federal Dynamics: Continuity, Change, and the Varieties of Federalism

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199652990
eISBN:
9780191747915
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652990.003.0003
Subject:
Political Science, Comparative Politics

This chapter seeks to offer a reconceptualised understanding of federalism wider than the classical American model yet narrower and more principled than the multilevel governance approach. It ... More


Competing Conceptions of Subsidiarity

Andreas Føllesdal

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0007
Subject:
Political Science, Political Theory

This chapter explores different conceptions of the principle of subsidiarity and their implications for constitutional and institutional design. It begins with a discussion of four alternative ... More


National versus Supranational Collective Goods: The Evolution of Neoliberal Federalism

Fabio Masini

in Liberalism and the Welfare State: Economists and Arguments for the Welfare State

Published in print:
2017
Published Online:
July 2017
ISBN:
9780190676681
eISBN:
9780190676711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190676681.003.0010
Subject:
Economics and Finance, Macro- and Monetary Economics, Public and Welfare

The recent and growing literature concerning the birth and history of neoliberalism stresses the importance of supranational economic governance and institutions for the neoliberal project. Sometimes ... More


Enforcement of National Law against Subnational Units in the US

Mark Tushnet

in The Enforcement of EU Law and Values: Ensuring Member States' Compliance

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198746560
eISBN:
9780191808487
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746560.003.0019
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter is primarily an exposition of the applicable constitutional doctrine on the enforcement of national law against subnational units in the US. It also offers some general observations ... More


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