The Federal Contract: A Constitutional Theory of Federalism

The Federal Contract: A Constitutional Theory of Federalism – Ebook Instant Download/Delivery ISBN(s): 9780198806745,0198806744,9780192529565, 0192529560

Product details:

• ISBN-10 ‏ : ‎ 0192529560
• ISBN-13 ‏ : ‎ 9780192529565
• Author: Stephen Tierney

Federalism is a very familiar form of government. It characterises the first modern constitution-that of the United States-and has been deployed by constitution-makers to manage large and internally diverse polities at various key stages in the history of the modern state. Despite its pervasiveness in practice, this book argues that federalism has been strangely neglected by constitutional theory. It has tended either to be subsumed within one default account of modern constitutionalism, or it has been treated as an exotic outlier – a sui generis model of the state, rather than a form of constitutional ordering for the state. This neglect is both unsatisfactory in conceptual terms and problematic for constitutional practitioners, obscuring as it does the core meaning, purpose and applicability of federalism as a specific model of constitutionalism with which to organise territorially pluralised and demotically complex states.

Table contents:

1:The Federal Contract
2:Reconceiving Federalism
3:The Foundations of Federalism
4:Sovereignty and the Monist Constitution
5:Authority and the Federal Constitution
6:The Subjects of Federalism
7:The Purpose and Principles of Federalism
8:Federal Constitutional Design I: Recognition and Autonomous Government
9:Federal Constitutional Design II: Associational Government and Reciprocity
10:Dynamics: Changing Federal Constitutions
11:Federalism: A Constitutional Idea for Our Time

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