Abstract

GARCIA SARUBBI, David. Dialogue between states and municipalities: a principle of constitutional law. Cuest. Const. [online]. 2013, n.28, pp.103-139. ISSN 1405-9193.

States and municipalities are two actors of our constitutional federalism, both with a peculiar relationship of attachment in important decision whereas both holding, at the same time, spaces of autonomy protected by the Constitution; thus, state legislatures have power over the taxing power and the integration of municipalities, which, if misused, would certainly derail the design of power fragmentation foreseen by our founding fathers; this paper explores a body of precedents built by the Supreme Court justifying a constitutional judicial review over these political decisions, which consists of different standards of judicial scrutiny by which to evaluate not the content of what is decided, but the processes of decision making and its assumptions; thus, the model is not to have a judicial power ruling on the merits of the law resulting from their normative relationship, but preoccupied by the openness of political channels, which give rise to those decisions.

Keywords : constitutional judicial review; states and municipalities; procedural review; dialogue; federalism.