The declinations of regulatory pluralism in the form of the multilevel State and their impact on jurisdiction: judicial federalism in the United States. An (unfinished?) model for a pluralist defence of rights

• Autores: Mario E. Comba
• Localización: Perspectives on Federalism, ISSN-e 2036-5438, Vol. 12, Nº. 2, 2020, págs. 1-13
• Idioma: inglés
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• Resumen

  • Judicial federalism has generally been neglected by scholars in comparative federalism.

    However, this topic is quite relevant for a proper understanding of the distribution of competences in a federal order and of the techniques for the protection of fundamental rights. This article focuses on the model of judicial federalism that has developed in the United States. How does this particular configuration of the relationship between federal judicial power and state judicial power influence the defence of fundamental rights? Can the organisation of judicial federalism in the United States be seen as neutral in relation to this issue?