UID:
edoccha_9959648555502883
Umfang:
1 online resource
ISBN:
9781487511470
,
1487511477
,
9781487514662
,
1487514662
Inhalt:
"Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. 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. The volume's contributors analyse the centralizing or decentralizing forces at play following a court's ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country's federal system, explains the constitutional and institutional status of the court system, and discusses the high court's jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world's leading federations."--
Anmerkung:
1. Introduction: courts in federal countries -- 2. The High Court of Australia: textual unitarism vs structural federalism -- 3. The constitutional court of Belgium: safeguard of the autonomy of the communities and regions -- 4. The Supreme Federal Court of Brazil: protecting democracy and centralized power -- 5. The Supreme Court of Canada: the concept of cooperative federalism and its effect on the balance of power -- 6. The Supreme Court of Ethiopia: federalism's bystander -- 7. The Federal Constitutional Court of Germany: guardian of unitarism and federalism -- 8. The Supreme Court of India: the rise of judicial power and the protection of federalism -- 9. The Supreme Court of Mexico: reconfiguring federalism through constitutional adjudication and amendment after single-party rule -- 10. The Supreme Court of Nigeria: an embattled judiciary more centralist than federalist -- 11. The Constitutional Court of South Africa: reinforcing an hourglass system of multi-level government -- 12. The Constitutional Court of Spain: from system balancer to polarizing centralist -- 13 The Federal Supreme Court of Switzerland: judicial balancing of federalism without judicial review -- 14 The Supreme Court of the United States: promoting centralization more than state autonomy -- 15 Comparative observations and conclusions.
Sprache:
Englisch
URL:
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