“Preventing an Appeal to the Sword:” The Role of the Judiciary in American Federalism and European Integration
The article explores and compares the role of the judiciary in US constitutionalism and European integration. The development of these two legal orders has raised very similar constitutional problems and the purpose of the inquiry is to highlight the similar legal solutions devised by the US Supreme Court and the European Court of Justice. Four aspects have been singled out to show the importance of constitutional adjudication by courts in both experiences: the foundations of judicial review, supremacy of federal/Community law over state legislation, the protection of fundamental rights, and the dialogue among constitutional courts.
Old Constitutions and New Issues: National Lessons from Vermont's State Constitutional Case on Marriage of Same-Sex Couples
The Vermont Supreme Court's 1999 ruling in Baker v. State was a watershed decision, holding that same-sex couples in Ver111011t were entitled to the same benefits and protections as opposite-sex married couples. While Baker is extremely important as a matter of substantive law, and as a contribution to the national discussion of the issues surrounding marriage of same sex-couples, it also provides an excellent lens through which to consider principles of state constitutional law and the New Judicial Federalism. This Article demonstrates how Baker is illustrative of major themes in state constitutional law, including the use of state constitutional history and textual analysis, distinctions between federal equal protection approaches and independent state constitutional equality doctrines, and plaintiffs' choice of state forum and state constitutional claims. The Article also shows how Baker highlights the application of a new, developing state constitutional rights jurisprudence.
From CILFIT to ERT : the Constitutional Challenge facing the European Court
This paper examines the role of the European Court of Justice in providing guidance to national courts on the interpretation and validity of European law.