Courts and Federalism examines recent developments in the
judicial review of federalism in the United States, Australia, and
Canada. Through detailed surveys of these three countries, Gerald Baier
clearly demonstrates that understanding judicial doctrine is key to
understanding judicial power in a federation. Baier offers overwhelming
evidence of doctrine's formative role in division-of-power
disputes and its positive contribution to the operation of a federal
system. Courts and Federalism urges political scientists to
take courts and judicial reasoning more seriously in their accounts of
Courts and Federalism will appeal to readers interested in
the comparative study of law and government as well as the interaction
of law and federalism in contemporary society.
Gerald Baier is a professor in the Department of Political Science at the University of British Columbia.
Acknowledgments Introduction 1. Judicial Doctrine as an Independent Variable in Federalism 2. A Brief History of Federalism Doctrine in Practice 3. The US Supreme Court: Revived Federalism 4. The Australian High Court: Legalistic Federalism 5. The Canadian Supreme Court: Balanced Federalism Conclusion Notes Bibliography Index