"Federalism: Theory, Policy, Law"

Michigan Law Authors
Areas of Interest
Publish Date
2012
Publication
The Oxford Handbook of Comparative Constitutional Law
Publication Type
Book Chapter
Abstract

This article focuses on federalism and attempts to lay the foundation for understanding the constitutional significance of arrangements among multiple levels of authority from private to global governance. The article is organized as follows. Section II critically examines the (relevance of) historical debates about defining federalism. Section III turns to arguments about the origins of federations. Section IV analyzes normative federalism theory and its applicability in legal disputes. Section V discusses the sustainability of federal systems. Section VI considers the consequences of federalism for various policy outputs. Section VII takes federalism beyond its traditional boundaries — first down to regional, local, and private governance, and then up into the global arena. A brief conclusion ends the article.