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The Federal Contract - A Constitutional Theory of Federalism (Hardcover)
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The Federal Contract - A Constitutional Theory of Federalism (Hardcover)
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Federalism is a very familiar form of government. It characterises
the first modern constitution-that of the United States-and has
been deployed by constitution-makers to manage large and internally
diverse polities at various key stages in the history of the modern
state. Despite its pervasiveness in practice, this book argues that
federalism has been strangely neglected by constitutional theory.
It has tended either to be subsumed within one default account of
modern constitutionalism, or it has been treated as an exotic
outlier - a sui generis model of the state, rather than a form of
constitutional ordering for the state. This neglect is both
unsatisfactory in conceptual terms and problematic for
constitutional practitioners, obscuring as it does the core
meaning, purpose and applicability of federalism as a specific
model of constitutionalism with which to organise territorially
pluralised and demotically complex states. In fact, the federal
contract represents a highly distinctive order of rule which in
turn requires a particular, 'territorialised' approach to many of
the fundamental concepts with which constitutionalists and
political actors operate: constituent power, the nature of
sovereignty, subjecthood and citizenship, the relationship between
institutions and constitutional authority, patterns of
constitutional change and, ultimately, the legitimacy link between
constitutionalism and democracy. In rethinking the idea and
practice of federalism, this book adopts a root and branch
recalibration of the federal contract. It does so by analysing
federalism through the conceptual categories that characterise the
nature of modern constitutionalism: foundations, authority,
subjecthood, purpose, design and dynamics. This approach seeks to
explain and in so doing revitalise federalism as a discrete,
capacious and adaptable concept of rule that can be deployed
imaginatively to facilitate the deep territorial variety that
characterises so many states in the 21st century.
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