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All Faculty Publications

2006

Intergovernmental transfers

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The Legal Architecture Of Intergovernmental Transfers: A Comparative Examination, Sujit Choudhry, Benjamin Perrin Jan 2006

The Legal Architecture Of Intergovernmental Transfers: A Comparative Examination, Sujit Choudhry, Benjamin Perrin

All Faculty Publications

An enormous body of literature exists on intergovernmental transfers between central governments and federal subunits. This work focuses almost exclusively on the economic justifications for such transfers, their design, and the challenges they pose to democratic accountability, transparency, and the autonomy of federal subunits. The legal dimension of intergovernmental transfers has received comparatively little scholarly attention. Systems of intergovernmental transfers are constituted and governed by domestic constitutional law, intergovernmental agreements, and legislation. One cannot fully appreciate how these systems operate without studying the legal instruments through which intergovernmental transfers are provided as well as their interpretation and enforcement by the …