Federalism and the Judges: How the Americans Made Us What We Are

Australian Law Journal, Vol. 74, p. 107, 2000

10 Pages Posted: 21 Apr 2010  

Laurence Claus

University of San Diego School of Law

Date Written: April 21, 1999

Abstract

Federalism as we know it now is an American invention. But those who wrote and adopted the United States Constitution do not deserve full creative credit, for their document had little to say about how its two levels of government should relate to each other. Producing principles of federalism became a job for judges, to whom conflicts between the governments under the new system were referred. Faced with a similar set of conflicts a century on, Australian judges turned to their American counterparts for guidance.

This is an edited version of a public lecture given at Trinity College, University of Melbourne, on April 21, 1999.

Keywords: constitutional law, constitutional theory, constitutional interpretation, comparative constitutionalism, federalism, confederalism, intergovernmental immunity

Suggested Citation

Claus, Laurence, Federalism and the Judges: How the Americans Made Us What We Are (April 21, 1999). Australian Law Journal, Vol. 74, p. 107, 2000 . Available at SSRN: https://ssrn.com/abstract=1593344

Laurence Claus (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-5933 (Phone)
619-260-4180 (Fax)

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