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Carl J. Friedrich and Federalism as Process

Michael Burgess

in In Search of the Federal Spirit: New Comparative Empirical and Theoretical Perspectives

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199606238
eISBN:
9780191752476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606238.003.0006
Subject:
Political Science, Political Theory, Comparative Politics

The chapter provides a brief intellectual biography of Friedrich and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism ... More


The Procedural Tools of Interpretive Balancing

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/9780199737987.003.0010
Subject:
Law, Constitutional and Administrative Law

The preceding positive account provides foundation for Chapter Ten’s critical normative claim: that federalism bargaining is not only a pragmatic solution to a problem of doctrinal uncertainty, but ... More


Cooperative Federalism Constitutionalized

Robert Schütze

in From Dual to Cooperative Federalism: The Changing Structure of European Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199238583
eISBN:
9780191716539
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238583.003.05
Subject:
Law, EU Law

In the last twenty years, the European Union has even constitutionalised the philosophy of cooperative federalism by means of two novel constitutional devises: the principle of subsidiarity and ... More


Daniel J. Elazar and Federalism as Covenant

Michael Burgess

in In Search of the Federal Spirit: New Comparative Empirical and Theoretical Perspectives

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199606238
eISBN:
9780191752476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606238.003.0007
Subject:
Political Science, Political Theory, Comparative Politics

The chapter provides a brief intellectual biography of Elazar and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism is ... More


The Puzzling Persistence of Dual Federalism

Ernest A. Young

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/9781479868858.003.0003
Subject:
Political Science, Political Theory

This chapter examines two ways that account for the persistence of dual federalism. The first is the critics' belief that the Supreme Court is inclined to revive strict dual federalist limits on ... 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


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