Judicial Systems in Federal Systems

1 If federalism, as AV Dicey suggested, implies ‘the predominance of legalism or, in other words, a general willingness to yield to the authority of the law courts’ (Dicey 28), the structure, operation, and legitimacy of federal judicial systems should receive close attention. Yet aside from the perceived need for courts to ensure the smooth functioning of a federal system and an agreement about key aspects of design, there is little agreement on how best to construct the individual components of federal judiciaries. Indeed, even the relationship between federal...