Courts and federalism : judicial doctrine in the United States, Australia, and Canada / Gerald Baier.

Format:

Book

Author/Creator:

Baier, Gerald, 1971-

Series:

Law and society series (Vancouver, B.C.)

Law and society series

Language:

English

Subjects (All):

Judicial review--Canada.

Judicial review.

Political questions and judicial power--Canada.

Political questions and judicial power.

Judicial review--United States.

Political questions and judicial power--United States.

Judicial review--Australia.

Political questions and judicial power--Australia.

Physical Description:

207 p.

Edition:

1st ed.

Place of Publication:

Vancouver : UBC Press, c2006.

Language Note:

English

Summary:

Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government. Courts and Federalism will appeal to readers interested in the comparative study of law and government as well as the interaction of law and federalism in contemporary society.

Contents:

Front Matter

Contents

Acknowledgments

Introduction

Judicial Doctrine as an Independent Variable in Federalism

A Brief History of Federalism Doctrine in Practice

The US Supreme Court: Revived Federalism

The Australian High Court: Legalistic Federalism

The Canadian Supreme Court: Balanced Federalism

Conclusion

Notes

Bibliography

Index

Law and Society

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

1-282-74096-2

9786612740961

0-7748-5499-5

OCLC:

923445099