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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Judicial Systems in Federal Systems

Gabrielle Appleby, Erin F Delaney

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 21 June 2021

Separation of powers — Federal constitutions — Constitutional courts/supreme courts — Judiciary

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1. Federalism, as AV Dicey explained, implies ‘the predominance of legalism or, in other words, a general willingness to yield to the authority of the law courts’ (Dicey 28). Yet aside from the perceived need for courts to ensure the smooth functioning of a federal system, there is little agreement on how to construct the individual components of federal judiciaries. At a high level of generality, however, it is possible to settle on certain key aspects of design, and this entry will address each in turn. 2. First, federal theory has coalesced on the need for an...
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