基本説明
A Collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law.
Full Description
New Frontiers of State Constitutional Law: Dual Enforcement of Norms, edited by James A. Gardner and Jim Rossi, projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This work charts a new course that gives voice to a recent, rising chorus of dissent among scholars and judges, namely that national and subnational systems of constitutional law cannot be adequately understood in isolation from one another. To the contrary, they are linked in a web of jurisprudential, social, and pragmatic connections structured by the American system of federalism. Here, multiple layers of constitutional law function together in a complex, interdependent process in which constitutional norms are developed, articulated, and enforced.
The essays illuminate the role that state constitutions must play in any theory of federalism, and exemplify a fresh approach to state constitutionalism by discussing a range of issues, including recent debates regarding state constitutional protections for same-sex marriage.
The entire work embraces the struggle between state and national power for dominance in American law and places both on equal ground. It contends that constitutional meaning in a federal system is never static and that it evolves over time. In addition to covering methods of judicial review, it discusses the handling of constitutional claims by courts at the state and national level and closely examines the way that courts and constitutions protect individual rights in a federal system.
Contents
TABLE OF CONTENTS
Chapter 1: Dual Enforcement of Constitutional Norms
Chapter 2: Cool Federalism and the Life-Cycle of Moral Progress
Chapter 3: "States of the Same Nature": Bounded Variation in Subfederal
Constitutionalism
Chapter 4: Why Federalism and Constitutional Positivism Don't Mix
Chapter 5: State Constitutionalism and the Scope of Judicial Review
Chapter 6: Same-Sex Marriage and the New Judicial Federalism: Why State Courts
Should Not Consider Out-of-State Backlash
Chapter 7: Enforcement of Rights in a Post-Erie World
Chapter 8: Dual Constitutions and Constitutional Duels
Chapter 9: State Common Law and the Dual Enforcement of Constitutional Norms
Index
