Description

Book Synopsis

Courts and Federalism examines recent developments in thejudicial review of federalism in the United States, Australia, andCanada. Through detailed surveys of these three countries, Gerald Baierclearly demonstrates that understanding judicial doctrine is key tounderstanding judicial power in a federation. Baier offers overwhelmingevidence of doctrine's formative role in division-of-powerdisputes and its positive contribution to the operation of a federalsystem. Courts and Federalism urges political scientists totake courts and judicial reasoning more seriously in their accounts offederal government.

Courts and Federalism will appeal to readers interested inthe comparative study of law and government as well as the interactionof law and federalism in contemporary society.



Table of Contents

Acknowledgments

Introduction

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

Conclusion

Notes

Bibliography

Index

Courts and Federalism

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    A Paperback / softback by Gerald Baier

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      Publisher: University of British Columbia Press
      Publication Date: 01/01/2007
      ISBN13: 9780774812368, 978-0774812368
      ISBN10: 0774812362

      Description

      Book Synopsis

      Courts and Federalism examines recent developments in thejudicial review of federalism in the United States, Australia, andCanada. Through detailed surveys of these three countries, Gerald Baierclearly demonstrates that understanding judicial doctrine is key tounderstanding judicial power in a federation. Baier offers overwhelmingevidence of doctrine's formative role in division-of-powerdisputes and its positive contribution to the operation of a federalsystem. Courts and Federalism urges political scientists totake courts and judicial reasoning more seriously in their accounts offederal government.

      Courts and Federalism will appeal to readers interested inthe comparative study of law and government as well as the interactionof law and federalism in contemporary society.



      Table of Contents

      Acknowledgments

      Introduction

      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

      Conclusion

      Notes

      Bibliography

      Index

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