New Frontiers of State Constitutional Law: Dual Enforcement of Norms
James A. Gardner and Jim Rossi
Abstract
This book presents a range or perspectives on the role of state constitutions within the context of federalism. Rejecting both the old dual federalism and the newer judicial federalism models, this book understands the generation, development, interpretation, and enforcement of constitutional norms at the national and state levels to be best conceived as constituent activities of a single, collective enterprise conducted by many actors located in many sites scattered throughout the system. The chapters in this book present a conception of national and subnational constitutional law as compleme ... More
This book presents a range or perspectives on the role of state constitutions within the context of federalism. Rejecting both the old dual federalism and the newer judicial federalism models, this book understands the generation, development, interpretation, and enforcement of constitutional norms at the national and state levels to be best conceived as constituent activities of a single, collective enterprise conducted by many actors located in many sites scattered throughout the system. The chapters in this book present a conception of national and subnational constitutional law as complementary partners in a complex, collective enterprise of constitutional self-governance. The book aims to advance an understanding of state constitutions in the broader inter-institutional process of constitutional dialogue.
Keywords:
state constitutions,
federalism,
constituent activities,
national constitutional law,
subnational constitutional law,
constitutional norms,
constitutional self-governance,
judicial federalism,
constitutional dialogue,
dual federalism
Bibliographic Information
| Print publication date: 2010 |
Print ISBN-13: 9780195368321 |
| Published to Oxford Scholarship Online: January 2011 |
DOI:10.1093/acprof:oso/9780195368321.001.0001 |
Authors
Affiliations are at time of print publication.
James A. Gardner, Editor
University at Buffalo Law School, State University of New York
Jim Rossi, Editor
Florida State University College of Law
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