Federal Impartiality: Navigating Divisive Rights in the EU and the US (Hart Studies in Comparative Public Law)

Disagreements on constitutional rights (such as racial and religious discrimination or abortion) are increasingly divisive.From the role of abortion in US presidential elections to debates about the competence creep of EU fundamental rights, the question arises: should the power to decide these matters rest with a central/federal union, or be left to individual states?This book addresses this crucial federal boundary question from both theoretical and comparative perspectives.It explores how the proper allocation of decision-making power in federal systems can enhance impartiality and reduce polarisation. The book both develops and critiques the influential constitutional theory of James Madison, architect of the US Constitution and modern federalism.By tracing Madison’s intellectual debt to David Hume and to common law rules on bias, it identifies gaps in his account of impartiality.It also shows how a revised Madisonian framework remains relevant to contemporary struggles in both the