Cities in Federal Constitutional Theory

by Erika Arban (Editor)

Overview

The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.

Product Details

ISBN-13:	9780192655004
Publisher:	OUP Oxford
Publication date:	07/25/2022
Sold by:	Barnes & Noble
Format:	eBook
Pages:	240
File size:	819 KB

About the Author

Erika Arban is a Postdoctoral Fellow at the Centre for Comparative Constitutional Studies at Melbourne Law School. She is the co-convenor of the research group "New Frontiers of Federalism" of the International Association of Constitutional Law (IACL).

Table of Contents

• Conceptual Framework
• 1: Erika Arban: An Intellectual History of Federalism: The City and the 'Unit' Question
• 2: Cheryl Saunders and Erika Arban: Federalism and Local Governments
• 3: Maria Cahill and Garry O'Sullivan: Subsidiarity and the City: the Case for Mutual Strengthening
• 4: Ran Hirschl: Cities in Federal Systems: Comparative Perspectives
• Cities as Neglected Constitutional Units of Analysis in Federal Theory
• 5: Richard Briffault: The New Pre-emption: Placing Cities in American Federalism
• 6: Hoi Kong: Constitutional Theory, Federalism, and Cities
• 7: William Partlett: Cities, Federalism, and Criminal Law Reform
• 8: Rebecca Nelson: Victims and Villains: Cities and the Environment on the Constitutional Stage
• 9: Bilyana Petkova: Privacy and the City: Toward Progressive Urban Cosmopolitanism
• 10: Richard Schragger: Conclusion: the City in the Future of Federalism

Editorial Reviews

"The edited volume offers innovative and theory-based contributions to urban, federal, and constitutional studies, as well as their corresponding disciplines. Both jurists and scholars working on cities, federations, and constitutions will thus benefit from reading the anthology and taking it as a starting point for further analyses." — Philipp Renninger, Harvard Law School, USA

From the Publisher