Courts and Federalism
Judicial Doctrine in the United States, Australia, and Canada
9780774812368
9780774812351
Distributed for University of British Columbia Press
Courts and Federalism
Judicial Doctrine in the United States, Australia, and Canada
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.
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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