Legal Issues of Economic Integration

Volume 35 (2008)

Volume 35 (2008) / Issue 3

J.H. Mathis, 'Balancing and Proportionality in US Commerce Clause Cases' (2008) 35 Legal Issues of Economic Integration, Issue 3, pp. 273–282

Abstract

The US dormant commerce clause doctrine allows for a true balancing test between legitimate state objectives and the burdens placed upon commerce.However, the doctrine relies strongly on ‘pre–screening’ facts to determine whether or not a law is discriminatory. The difference between a law that is de facto discriminatory and one which is ‘even handed’ but incidentally burdens commerce is a fine line, and it is not clear in the US practice that the courts have been able to give the doctrine a consistent effect over time.

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ISSN: 1566-6573
ID: LEIE2008020