New judicial thinking on sovereignty and federalism: American and Canadian Comparisons

From: Justice System Journal | Date: January 1, 2002| Author: | Copyright information

New Judicial Thinking on Sovereignty and Federalism: American and Canadian Comparisons*

This article surveys the development of new doctrines of federalism by the US. Supreme Court since the court decided Garcia v. San Antonio Metropolitan Transit Authority (1985). This period is notable for the emergence of diverging attitudes on sovereignty and the role of the states in American federalism. This article discusses the development of these contending models and recent developments in the jurisprudence of federalism by the Supreme Court of Canada. Recent Canadian decisions do not discuss ...

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