Federalism and Subsidiarity : : NOMOS LV / / ed. by Jacob T Levy, James E. Fleming.

• Superior document: Title is part of eBook package: De Gruyter New York University Press Complete eBook-Package 2014-2015
• HerausgeberIn: Fleming, James E.,; Levy, Jacob T,
• Place / Publishing House: New York, NY : : New York University Press, , [2014]; ©2014
• Year of Publication: 2014
• Language: English
• Series: NOMOS - American Society for Political and Legal Philosophy ; 21
• Physical Description: 1 online resource

In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.

Table of Contents

Frontmatter -- Contents -- Preface -- Contributors -- Part I. Federalism, positive benefits, and negative liberties -- 1. Defending dual federalism: A self-defeating act -- 2. Defending dual federalism: A bad idea, but not self-defeating -- 3. The puzzling persistence of dual federalism -- 4. Foot voting, federalism, and political freedom -- Part II. Constitutions, federalism, and subsidiarity -- 5. Federalism and subsidiarity: perspectives from u.s. constitutional law -- 6. Subsidiarity, the judicial role, and the warren court’s contribution to the revival of state government -- 7. Competing conceptions of subsidiarity -- 8. Subsidiarity and robustness: building the adaptive efficiency of federal systems -- Part III. The entrenchment of local and provincial autonomy, integrity, and participation -- 9. Cities and federalism -- 10. Cities, subsidiarity, and federalism -- 11. The constitutional entrenchment of federalism -- Part IV. Remapping federalism(s) -- 12. Federalism(s)’ forms and norms: contesting rights, de-essentializing jurisdictional divides, and temporizing accommodations -- Index