Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Maintaining The Balance Of Power: A Typology Of Primacy Clauses In Federal Systems, Brady Harman
Maintaining The Balance Of Power: A Typology Of Primacy Clauses In Federal Systems, Brady Harman
Indiana Journal of Global Legal Studies
Constitutional design has become a novel and globalized legal profession. As such, practitioners in this new field-advisers and consultants of constitutional formation and reformation processesrequire practical and comparative tools to ply their trade. This Note attempts to fill a gap in constitutional design literature and provide such a tool by methodically examining "primacy clauses." By determining whether national or provincial law prevails when the two are in conflict, primacy clauses play an important role in maintaining federal balances of power. Three primacy approaches are found among the world's federal constitutions: national primacy, provincial primacy, and conditional primacy. This Note explores …
Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman
Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman
Indiana Journal of Global Legal Studies
Globalization, Courts, and Judicial Power Symposium