Federal Impartiality: Navigating Divisive Rights in the EU and the US

A new book by Dr Mohamed Moussa, Assistant Professor in EU Law at the Faculty of Law, has been published by Hart Publishing. Federal Impartiality: Navigating Divisive Rights in the EU and the US explores how federalism emerged as a constitutional remedy to the ‘lethal disease’ of polarisation - a force capable of destabilising constitutional systems from within. The book addresses this theme through both theoretical and comparative perspectives.

On the theoretical side, it develops and critiques the influential constitutional theory of James Madison, architect of the US Constitution and modern federalism. The book situates Madison's ideas within a fresh theoretical and doctrinal context and updates them in light of contemporary case law. It also identifies a critical blind spot: in constructing his framework, Madison overlooked the distinction between social conflicts rooted in group difference (such as those involving racial minorities) and those grounded in value conflicts or ideological commitments - a distinction that draws on the work of David Hume and the common law tradition. This omission lies at the heart of the most divisive fundamental rights cases unfolding across Europe and the United States today.

The comparative dimension of the book tests these theoretical insights through an examination of a wide range of cases from both the EU and the US, including those on minority rights, equal pay, abortion, religious establishment and religious freedoms. Combining doctrinal legal analysis and constitutional theory with insights from constitutional economics and the history of political thought, the book highlights both the perils and the promise of federalism in securing impartiality and navigating deep social faction.

Federal Impartiality is part of the Hart Studies in Comparative Public Law series. It is an essential resource for scholars of constitutional law, European law, and comparative federalism.

Current University of Cambridge staff and student members can access the ebook via iDiscover.  

For more information, please see the Bloomsbury website.

About the author

Dr Mohamed Moussa is Assistant Professor in EU Law at the University of Cambridge and a Fellow of the Lauterpacht Centre for International Law. His research focuses on EU constitutional law, comparative federalism, and the intersection of human rights and institutional structures.