Courts in Federal Countries: Federalists or Unitarists?

Published by University of Toronto Press 2017

Courts in Federal Countries

Federalists or Unitarists?

Edited by: Nicholas Theodore Aroney and John Kincaid

https://doi.org/10.3138/9781487511470

Overview
Contents

About this book

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.

Author / Editor information

Aroney Nicholas Theodore :

Nicholas Aroney is Professor of Constitutional Law in the School of Law at the University of Queensland.
Kincaid John :

John Kincaid is the Robert B. and Helen S. Meyner Professor of Government and Public Service as well as the Director of the Robert B. and Helen S. Meyner Center for the Study of State and Local Government at Lafayette College, Easton, Pennsylvania.

Reviews

Daniel Perlin, Osgoode Hall Law School of York University:

"Courts in Federal Countries does something differently than other books on the topic of federal systems of government…Some works may compare one or two countries. This work looks at 13 countries."

Cheryl Saunders, Melbourne Law School, The University of Melbourne:

"In Courts in Federal Countries, Nicholas Aroney, John Kincaid, and the volume’s contributors have produced well written, carefully referenced, and thoughtful work that is of a very high quality. The volume is a work of significant scholarship and the knowledge and insights it provides will open the doors to further research on the roles of courts in federalist countries."

G. Alan Tarr, Department of Political Science, Rutgers University:

"Courts in Federal Countries is the first volume to provide a comprehensive comparative analysis of the role of courts in contemporary federal systems, and it sets a high standard both in the quality of the various case studies and in the range of important questions addressed. This book will be immediately recognized as the standard reference on the topic and will remain so for some time."

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
Foreword Peter H. Russell Requires Authentication Unlicensed Licensed Download PDF	vii
Preface Requires Authentication Unlicensed Licensed Download PDF	xi
COURTS IN FEDERAL COUNTRIES. Federalists or Unitarists? Requires Authentication Unlicensed Licensed Download PDF	1
1. Introduction: Courts in Federal Countries Nicholas Aroney and John Kincaid Requires Authentication Unlicensed Licensed Download PDF	3
2. The High Court of Australia: Textual Unitarism vs Structural Federalism Nicholas Aroney Requires Authentication Unlicensed Licensed Download PDF	29
3. The Constitutional Court of Belgium: Safeguard of the Autonomy of the Communities and Regions Patrick Peeters and Jens Mosselmans Requires Authentication Unlicensed Licensed Download PDF	69
4. The Supreme Federal Court of Brazil: Protecting Democracy and Centralized Power Gilberto Marcos Antonio Rodrigues, Marco Antonio Garcia Lopes Lorencini and Augusto Zimmermann Requires Authentication Unlicensed Licensed Download PDF	103
5. The Supreme Court of Canada: The Concept of Cooperative Federalism and Its Effect on the Balance of Power Eugénie Brouillet Requires Authentication Unlicensed Licensed Download PDF	135
6. The Supreme Court of Ethiopia: Federalism’s Bystander Gedion T. Hessebon and Abduletif K. Idris Requires Authentication Unlicensed Licensed Download PDF	165
7. The Federal Constitutional Court of Germany: Guardian of Unitarism and Federalism Arthur Benz Requires Authentication Unlicensed Licensed Download PDF	193
8. The Supreme Court of India: The Rise of Judicial Power and the Protection of Federalism Manish Tewari and Rekha Saxena Requires Authentication Unlicensed Licensed Download PDF	223
9. The Supreme Court of Mexico: Reconfiguring Federalism through Constitutional Adjudication and Amendment after Single-Party Rule José Antonio Caballero Juárez Requires Authentication Unlicensed Licensed Download PDF	256
10. The Supreme Court of Nigeria: An Embattled Judiciary More Centralist Than Federalist Rotimi T. Suberu Requires Authentication Unlicensed Licensed Download PDF	290
11. The Constitutional Court of South Africa: Reinforcing an Hourglass System of Multi-Level Government Nico Steytler Requires Authentication Unlicensed Licensed Download PDF	328
12. The Constitutional Court of Spain: From System Balancer to Polarizing Centralist Elisenda Casanas Adam Requires Authentication Unlicensed Licensed Download PDF	367
13. The Federal Supreme Court of Switzerland: Judicial Balancing of Federalism without Judicial Review Andreas Lienhard, Daniel Kettiger, Jacques Bühler, Loranne Mérillat and Daniela Winkler Requires Authentication Unlicensed Licensed Download PDF	404
14. The Supreme Court of the United States: Promoting Centralization More Than State Autonomy Ilya Somin Requires Authentication Unlicensed Licensed Download PDF	440
15. Comparative Observations and Conclusions Nicholas Aroney and John Kincaid Requires Authentication Unlicensed Licensed Download PDF	482
Contributors Requires Authentication Unlicensed Licensed Download PDF	541
Index Requires Authentication Unlicensed Licensed Download PDF	549

Language: English
Publisher: University of Toronto Press
Audience: College/higher education;Professional and scholarly;
Pages
- Main content: 600
Illustrations
- Other: 1 figure

eBook

Published: April 3, 2017
ISBN: 9781487511470