Cities in Federal Constitutional Theory
Cities in Federal Constitutional Theory
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Abstract
Cities are unique spaces in need of constantly reconciling diversity and social cohesion also through legal/constitutional mechanisms. While academic scholarship in the social sciences has extensively studied cities from different angles, they remain a largely understudied topic among constitutional law and federalism theorists. Yet, urban agglomeration and the ever-increasing tasks that cities are required to perform represent challenges that legal and constitutional scholars can no longer ignore. This is where the volume Cities in Federal Constitutional Theory comes into play. The volume offers a theoretical account of cities as federal constitutional subjects, inviting scholars to look at cities as legal/constitutional entities deserving a more prominent position. At the same time, it also offers an opportunity to redefine and rethink certain key concepts, principles, and methodologies. The volume is structured in two parts. Part I sketches the conceptual framework in which the book is situated, while Part II focuses on the status of cities as neglected constitutional player and the consequences on several levels, including the centre-periphery relationship (eg, in areas such as data protection and privacy, environmental and criminal law). The volume collects contributions from prominent constitutional law and federalism theorists who have been pioneer thinkers in this field. It thus represents an opportunity for them to bring together in one place their theoretical reflections, and contribute to enriching the research output in the field of federal constitutional theory. Methodologically, the general approach of the edited volume is primarily theoretical. Federal constitutional theorists and scholars, constitutional drafters, and experts will all benefit from the valuable insights contained in the book, thanks to the novel perspective on the role and powers of cities, their current limitations and present and future challenges.
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Front Matter
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Introduction: The Growing Importance of Cities and Federal Constitutional Theory
Erika Arban
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Part I Conceptual Framework
Erika Arban-
1
An Intellectual History of Federalism: The City and the ‘Unit’ Question
Erika Arban
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2
Federalism and Local Governments
Cheryl Saunders andErika Arban
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3
Subsidiarity and the City: The Case for Mutual Strengthening
Maria Cahill andGarry O’Sullivan
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4
Cities in Federal Systems: Comparative Perspectives
Ran Hirschl
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1
An Intellectual History of Federalism: The City and the ‘Unit’ Question
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Part II Cities as Neglected Constitutional Units of Analysis in Federal Theory
Erika Arban-
5
The New Preemption: Placing Cities in American Federalism
Richard Briffault
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6
Constitutional Theory, Federalism, and Cities
Hoi L Kong
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7
Cities, Federalism, and Criminal Law Reform
William Partlett
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8
Cities and the Environment on the Constitutional Stage: Victims and Villains
Rebecca Nelson
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9
Privacy and the City: Towards Progressive Urban Cosmopolitanism
Bilyana Petkova
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10
The City in the Future of Federalism
Richard Schragger
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5
The New Preemption: Placing Cities in American Federalism
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End Matter
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