Courts and Federalism

Judicial Doctrine in the United States, Australia, and Canada

By Gerald Baier

SERIES: Law and Society

UBC Press

Courts and Federalism examines recent developments in thejudicial review of federalism in the United States, Australia, andCanada. Through detailed surveys of these three countries, Gerald Baierclearly demonstrates that understanding judicial doctrine is key tounderstanding judicial power in a federation. Baier offers overwhelmingevidence of doctrine’s formative role in division-of-powerdisputes and its positive contribution to the operation of a federalsystem. Courts and Federalism urges political scientists totake courts and judicial reasoning more seriously in their accounts offederal government.

Courts and Federalism will appeal to readers interested inthe comparative study of law and government as well as the interactionof law and federalism in contemporary society.

In this innovative exploration of Anglo-American federalism, the arc of the metaphysical pendulum embraces legal theory, judicial reasoning, and political calculation. An original work that draws upon law and politics, Baier’s study offers fresh perspective on a familiar topic: the division of powers. The author demonstrates that in Canadian legal debate an intellectual life exists beyond the Charter. David E. Smith, FRSC, Professor Emeritus, Political Studies, University of Saskatchewan

Gerald Baier is a professor in the Department ofPolitical 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