The Supreme Court S Federalism
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Courts In Federal Countries
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Author : Nicholas Theodore Aroney
language : en
Publisher: University of Toronto Press
Release Date : 2017-04-24
Courts In Federal Countries written by Nicholas Theodore Aroney and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-24 with Law categories.
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Courts In Federal Countries
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Author : Nicholas Aroney
language : en
Publisher: University of Toronto Press
Release Date : 2017-01-01
Courts In Federal Countries written by Nicholas Aroney and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-01 with Law categories.
Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.
Federalism As Seen By The U S Supreme Court
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Author : Richard H. W. Maloy
language : en
Publisher: Vandeplas Pub.
Release Date : 2008
Federalism As Seen By The U S Supreme Court written by Richard H. W. Maloy and has been published by Vandeplas Pub. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Constitutional law categories.
Federalism is a form of government possessed and utilized by several countries of the world, including the United States of America. When the Constitution of the newly formed United States was framed in 1787 it provided that it and the laws of the United States which shall be made in pursuance thereof, shall be the supreme Law of the Land. Shortly thereafter, by the Tenth Amendment, it was specified that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Thus the Constitution itself posed for federalism an unanswered question how much power does the federal government the United States have, and how much power remains in the States? The Supreme Court of that country, which initially was the sole tribunal entrusted with its judicial power, over the four centuries during which it has existed wrestled with this seemingly eternal question virtually every day it is in session. It has analyzed, construed and applied the principles of federalism in decisions covering a wide spectrum of specialties. Professor Maloy, in this work, has referred to 500 of those decisions, dealing with thirty-eight specialties, including, but not limited to desegregation, domestic relations, labor relations and taxation. The cases range from the Court s first decision . Georgia v. Brailsford, decided in 1792 to its last decision, to date District of Columbia v. Heller, decided June 26, 2008. While the question how much power does the federal government the United States have, and how much power remains in the States? is not completely answered, as this book reveals, far more is known about American federalism in 2008 than in 1787. American federalism in a vibrant and dynamic country, such as the United States, may never be completely defined, but that is just one of its features which makes it fascinating to legal scholars. About the author: Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies."
Real Federalism
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Author : Michael S. Greve
language : en
Publisher: American Enterprise Institute
Release Date : 1999
Real Federalism written by Michael S. Greve and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Federal government categories.
Real federalism is a federalism that promotes citizen choice and competition among the states
Federalism And The Courts In Africa
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Author : Yonatan T. Fessha
language : en
Publisher: Routledge
Release Date : 2020-03-18
Federalism And The Courts In Africa written by Yonatan T. Fessha and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-18 with Law categories.
This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.
Federalism
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Author : Vicki C. Jackson
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2013-09-09
Federalism written by Vicki C. Jackson and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-09 with Political Science categories.
This book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of American federalism as it has been developed in decisions of the United States Supreme Court. Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history. Although the book is organized historically rather than doctrinally, the marked evolutions of important areas of doctrine are addressed over time. These subject areas include the scope of Congress's power under the Commerce Clause, the scope of Congress's powers under the Fourteenth and other post-Civil War Amendments, the states' authority to regulate commercial and economic matters when Congress is silent, the principle of the supremacy of federal law and the law of preemption that follows from it, intergovernmental and sovereign immunities, the obligation of state courts to enforce federal law, and the scope of national power to regulate or impose obligations on the states.
The U S Supreme Court And New Federalism
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Author : Christopher P. Banks
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2012-07-13
The U S Supreme Court And New Federalism written by Christopher P. Banks and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-13 with Law categories.
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court’s “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. Using descriptive and empirical methods in political science and legal scholarship, and informed by diverse approaches to judicial ideology, from historical to new institutionalist, they investigate how the U.S. Supreme Court rulings have shaped the political principle of federalism. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation. In addition, they analyze areas of federalism not normally studied by scholars such as religious liberty and foreign affairs.
Redefining Federalism
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Author : Douglas T. Kendall
language : en
Publisher: Environmental Law Institute
Release Date : 2004
Redefining Federalism written by Douglas T. Kendall and has been published by Environmental Law Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Central-local government relations categories.
If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Federalism And Supreme Courts
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Author : Edmond Orban
language : en
Publisher: Bruxelles : Établissements Émile Bruylant ; Montréal : Presses de l'Université de Montréal
Release Date : 1991
Federalism And Supreme Courts written by Edmond Orban and has been published by Bruxelles : Établissements Émile Bruylant ; Montréal : Presses de l'Université de Montréal this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Constitutional courts categories.
Etude des relations entre le fédéralisme (pris dans un sens large) et les Cours suprêmes de divers pays: Etats-Unis, Canada, Allemagne de l'Ouest, Belgique. Le dernier texte examine le cas de la Cour de justice des Communautés européennes.
Constitutional Landmarks
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Author : Charles M. Lamb
language : en
Publisher: Springer Nature
Release Date : 2020-12-01
Constitutional Landmarks written by Charles M. Lamb and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-01 with Political Science categories.
This book examines leading Supreme Court decisions involving the powers of the Court, the president, and Congress, as well as cases addressing American federalism and Americans’ economic rights. By analyzing both the Court’s opinions and voting patterns from 1791 through 2018, this volume presents an overview of the role of the Supreme Court in the legal and political system of the United States throughout its entire history, regularly relying on Robert McCloskey’s theory of the nation’s three major constitutional eras and the Supreme Court Database in its organizational approach. Over 100 of the Supreme Court's most significant rulings, old and new, are covered and clarified in this volume to provide an objective, reliable, and valuable resource for students, academics, legal professionals, and the general public alike.