Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Faculty Scholarship

Duke Law

Comparative and Foreign Law

2002

Articles 1 - 2 of 2

Full-Text Articles in Law

Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young Jan 2002

Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young

Faculty Scholarship

The European Union's ongoing "Convention on the Future of Europe" must tackle a fundamental issue of federalism: the balance between central authority and Member State autonomy. In this article, Ernest Young explores two strategies for protecting federalism in America - imposing substantive limits on central power and relying on political and procedural safeguards - and considers their prospects in Europe. American experience suggests that European attempts to limit central power by enumerating substantive "competencies" for Union institutions are unlikely to hold up, and that other substantive strategies such as the concept of "subsidiarity" tend to work best as political imperatives rather ...


Constitutional Design: Proposals Versus Processes, Donald L. Horowitz Jan 2002

Constitutional Design: Proposals Versus Processes, Donald L. Horowitz

Faculty Scholarship

No abstract provided.