Comparative Constitutional Federalism

Auteur

MARK TUSHNET is Professor of Law at Georgetown University Law Center. Among his many books are The American Law of Slavery, 1818-1860, Central America and the Law, and Constitutional Law, and he is the author of numerous articles on constitutional law and history.

Texte du rabat

The near conjunction of the bicentennial of the United States Constitution in 1989 and the completion of the European common market in 1992 provides a unique opportunity for the comparative consideration of constitutional federalism. The experience of the United States, with its mature federal system, offers some useful comparisons and insights into the processes that may follow in a further federalization of the European Community. This book, a collection of essays on the constitutional dimension of federalism, is drawn from a conference sponsored by the Delegation of the Commission of the European Communities, and presents substantial analytic material on problems of federalism and integration.

The collection begins with a brief foreword by Lord Mackenzie-Stuart, discussing the European community's move toward a national identity. Following are the book's six chapters, written by U.S. and European legal scholars. The first provides important historical insights into the extended time period necessary before the United States could be considered a unified nation. Chapter two examines the complexities of the constitutional law of interregional migration and trade in the United States. A pair of complementary chapters describe how federal systems can respond to, and attempt to preserve, the diverse cultures that are located within an integrated political system. The use of local guarantees of fundamental rights as a counterweight to national norms follows, and a concluding chapter argues against any necessary path of development from economic to political, social, or cultural integration. A bibliographical essay, references, and a complete subject index are also included. This unique collection of essays will be a valuable contribution to courses in comparative law and political science, and an important addition to academic, public, and law libraries.

Contenu

Foreword by Lord Mackenzie-Stuart Preface The First Phases of American Federalism by Jack N. Rakove Economic Integration and Interregional Migration in the United States Federal System by Jonathan D. Varat Preservation of Cultural Diversity in a Federal System: The Role of the Regions by Giandomenico Majone Putting Up and Putting Down: Tolerance Reconsidered by Martha Minow Protecting Human Rights in a Federal System by A. E. Dick Howard Conclusion by Mark Tushnet Bibliographical Essay References Index