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The Theory And Practice Of Contestatory Federalism, James A. Gardner
The Theory And Practice Of Contestatory Federalism, James A. Gardner
William & Mary Law Review
Madisonian theory holds that a federal division of power is necessary to the protection of liberty, but that federalism is a naturally unstable form of government organization that is in constant danger of collapsing into either unitarism or fragmentation. Despite its inherent instability, this condition may be permanently maintained, according to Madison, through a constitutional design that keeps the system in equipoise by institutionalizing a form of perpetual contestation between national and subnational governments. The theory, however, does not specify how that contestation actually occurs, and by what means.
This paper investigates Madison’s hypothesis by documenting the methods actually deployed …
Examining The Role Of Courts In Canada's Policy-Making Process, Patrick J. Mulligan
Examining The Role Of Courts In Canada's Policy-Making Process, Patrick J. Mulligan
Bridges: An Undergraduate Journal of Contemporary Connections
This piece explores the apparent disjuncture between the prescribed duties of both the judicial and legislative branches of the Canadian government, and the genuine means by which such duties are attended to regardless of codified jurisdiction. Namely, this piece conducts a dual analysis - including both normative and descriptive components - in order to consider whether or not the Supreme Court of Canada has unduly encroached upon both the Provincial Legislature's and the Federal Parliament's duty to formulate legislation through their exercising of judicial review. In assessing the judiciary's role in policy-making, abstract considerations - such as the inherently undemocratic …
When Influence Encroaches: Statutory Advice In The Administrative State, William C. Hudson
When Influence Encroaches: Statutory Advice In The Administrative State, William C. Hudson
William & Mary Bill of Rights Journal
This Article revisits the D.C. Circuit’s 1993 decision in FEC v. NRA Political Victory Fund, and concludes that the separation of powers reasoning applied in NRA Political Victory Fund could invalidate other common practices in the administrative state, such as statutory requirements that Executive Branch officers serve on the boards of corporations created and staffed by Congress.
You’Re Fired! Special Counsel Removal Authority And The Separation Of Powers, Adrianne C. Blake
You’Re Fired! Special Counsel Removal Authority And The Separation Of Powers, Adrianne C. Blake
University of Baltimore Law Review
No abstract provided.