Courts and Federalism: Judicial Doctrine in the United States, Australia, and Canada

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UBC Press, Nov 1, 2011 - Law - 224 pages

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.

 

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Contents

Introduction
1
1 Judicial Doctrine as an Independent Variable in Federalism
9
2 A Brief History of Federalism Doctrine in Practice
31
Revived Federalism
63
Legalistic Federalism
97
Balanced Federalism
123
Conclusion
157
Notes
167
Bibliography
183
Index
195
Copyright

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About the author (2011)

Gerald Baier is a professor in the Department of Political Science at the University of British Columbia.

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