“DUAL VS. COOPERATIVE FEDERALISM: A THEORETICAL AND PRACTICAL ASSESSMENT”

AUTHOR – SHIVENDRA SINGH, LLM (IP) STUDENT AT AMITY UNIVERSITY

BEST CITATION – SHIVENDRA SINGH, “DUAL VS. COOPERATIVE FEDERALISM: A THEORETICAL AND PRACTICAL ASSESSMENT”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 433-450, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/QTPS9141

Abstract

This paper examines two foundational theories of federalism—dual federalism and cooperative federalism—analyzing their theoretical underpinnings, historical development, and practical applications. Through comparative analysis, this study explores how these models conceptualize the distribution of power between national and subnational governments, their implementation in various constitutional systems, and their effectiveness in addressing contemporary governance challenges. The paper argues that while dual federalism provided the initial framework for federal systems, cooperative federalism has emerged as a more pragmatic approach to modern governance, though neither model exists in pure form in practice. By examining case studies from the United States, India, and other federal systems, this research demonstrates that successful federalism requires flexibility and adaptation rather than rigid adherence to a single theoretical model.

Keywords: Dual Federalism, Cooperative Federalism, Constitutional Theory, Intergovernmental Relations, Vertical Division of Powers