Federalism and Rights

The authors of this text discuss whether federalism promotes or undermines rights. With emerging democracies in Europe and elsewhere currently attempting to design constitutions that combine effective government, recognition of ethnic diversity within their populations, and protection of individual rights, the importance of these questions can hardly be overstated. The authors examine both the theoretical perspectives on the relationship between federalism and rights, and the historical and contemporary relationship between federalism and rights in the United States. The contributors to this volume analyse the US federal system as a potential model for contemporary constitution-makers as well as explore how its system can serve as a cautionary example.