Federalism and SubsidiarityNOMOS LV

Federalism and SubsidiarityNOMOS LV

James E. Fleming and Jacob T Levy

Print publication date: 2016

ISBN: 9781479868858

Publisher: NYU Press


This book addresses 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

Part I Federalism, Positive Benefits,and Negative Liberties

1 Defending Dual Federalism

Sotirios A. Barber

Part II Constitutions, Federalism, and Subsidiarity

5 Federalism and Subsidiarity

Steven G. Calabresi AND Lucy D. Bickford

Part III The Entrenchment of Local and Provincial Autonomy, Integrity, and Participation

9 Cities and Federalism

Daniel Weinstock

Part IV Remapping Federalism(s)

End Matter