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Vol 21 No 11 Nov/Dec 2016

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Federalism

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David ShapiroWilliam Nelson Cromwell Professor, Harvard Law School, USA

ISBN13: 9780810112803
ISBN: 0810112809
Published: September 1995
Publisher: Northwestern University Press
Format: Paperback
Price: £16.50



Usually despatched in 1 to 3 weeks.

An exploration of the virtues and defects of federalism as it has developed from a variety of perspectives that include historical, constitutional, economic, social and political considerations. Using the dialectical form adopted by advocates trying a case before a court, the author examines the strongest arguments on the two prinicpal sides of the issue but also probes the potential value of the dialectical process itself.

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Contents:
Part 1 The case for strong national authority: concepts of federalism impose no sifnificant constitutional limits on the exercise of national authority or on the displacement of state law and regulation by national law; the existence of significant state autonomy is economically counterproductive.
Part 2 The case for federalism as a constraint on national authority: the history and text of the constitution, as well as developments during and since its ratification, guarantee both the existence of the states and their right to play a significant role in the federal system; the preservation of a significant policymaking role for the states is not only constitutionally required but also economically, socially and politically desirable.
Part 3 Striking the balance - federalism and dialogue: the constitutional and structural bases of our federal system; the exercise of discretion.