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From Dual to Cooperative Federalism
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From Dual to Cooperative Federalism: The Changing Structure of European Law

Robert Schütze

Abstract

What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find “unity in diversity”. The two most influential manifestations of the federal principle emerged under the names of “dual” and “cooperative” federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legis ... More

Keywords: Federalism, European Union, United States, comparative law, sovereignty

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780199238583
Published to Oxford Scholarship Online: February 2010 DOI:10.1093/acprof:oso/9780199238583.001.0001

Authors

Affiliations are at time of print publication.

Robert Schütze, author
Senior Lecturer in law at Durham University.