This colloquium, like its predecessor, proceeds on the basis of a series of assumptions. First, it assumes that the federalism dimension of the regulatory state is an important one Gust as is the regulatory dimension of the federal state). In introducing our first colloquium, I suggested that, although determining the content of public policy is critical in a democratic society, also critical is determining the level of government at which the choice of policy is made. Ingolf Pernice remarked then that a federal system is "any legal entity [which is] comprised of states for the purpose of pursuing certain common ends and which has been given, to this effect, the power to exercise limited but direct jurisdiction over their citizens, but where for all other fields of public action the individual states maintain their full autonomy." If that is so, the inevitable question is where and, perhaps more important, how the demarcation between federal and state power should be drawn.
Comparative and Foreign Law | Law
George A. Bermann,
Regulatory Federalism: A Reprise and Introduction,
Colum. J. Eur. L.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3571