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How Federalism Can Promote a National Commitment to the Rule of Law
| Content Provider | Semantic Scholar |
|---|---|
| Author | Schapiro, Robert A. |
| Copyright Year | 2019 |
| Abstract | The obligation of the government to obey the law constitutes a central element in most conceptions of the “Rule of Law”. Ensuring the legality of governmental action advances the core rule-of-law value1 of protecting against arbitrary government conduct. References to “the government”, however, elide the reality of multiple, overlapping governing authorities. Federal systems, such as the United States, feature subnational units with constitutionally recognized roles. Even in systems not formally constituted as “federalist,” subnational governments proliferate at the local and regional level. This multiplicity of governments intersects in complex ways with the concept of the rule of law. Each of these governments might potentially engage in arbitrary acts of oppression violating rule-of-law principles. Early studies of federalism emphasized the need to ensure that each government acted within its constitutionally defined sphere of authority. More recent federalism scholarship focuses on the overlap and intersection of local and national authority2. This interconnection presents important ways to safeguard the rule |
| Starting Page | 131 |
| Ending Page | 147 |
| Page Count | 17 |
| File Format | PDF HTM / HTML |
| DOI | 10.5604/01.3001.0013.1891 |
| Volume Number | 79 |
| Alternate Webpage(s) | https://studiaiuridica.pl/api/files/view/800140.pdf |
| Alternate Webpage(s) | https://doi.org/10.5604/01.3001.0013.1891 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
