How cooperative is “cooperative federalism”? The political limits to intergovernmental cooperation under a de facto concurrency rule
Bibliographic record
Abstract
Abstract Proponents of “cooperative federalism” claim that intergovernmental behaviour is endogenous to legal rules about legislative competences: a concurrency rule systematically induces intergovernmental cooperation, where an exclusivity rule systematically impedes it. Citing the imperative for greater cooperation, courts in classical, or dualist, federal systems have used legal doctrine to fashion zones of de facto legislative concurrency. We develop a formal model to explore the soundness of this reasoning. Our analysis complicates courts’ simplistic expectation. Under our assumptions, cooperation may be supported in equilibrium, but only under quite restrictive conditions. We show how the impact (if any) of a de facto concurrency rule on government behaviour depends on the paramountcy rule, government policy preferences relative to the status quo, policy development costs, and the risk of costly political backlash. We pair our theoretical analysis with a study of Canadian federalism jurisprudence and its impact on Canadian securities regulation.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.009 | 0.025 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.004 | 0.015 |
| Scholarly communication | 0.007 | 0.004 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.002 | 0.003 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".