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Full-Text Articles in Law
Enforcing Interstate Compacts In Federal Systems, Michael Osborn
Enforcing Interstate Compacts In Federal Systems, Michael Osborn
Indiana Journal of Constitutional Design
The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …
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