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Federalism and Subsidiarity: NOMOS LV (NOMOS - American Society for Political and Legal Philosophy #21)
by James E. Fleming Jacob T LevyIn Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to "remap" federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
Federalism and the Constitution of Canada
by David E. SmithThe Canadian system of federalism divides the power to govern between the central federal parliament and the provincial and territorial legislative assemblies. In what can be seen as a double federation, power is also divided culturally, between English and French Canada. The divisions of power and responsibility, however, have not remained static since 1867. The federal language regime (1969), for example, reconfigured cultural federalism, generating constitutional tension as governments sought to make institutions more representative of the country's diversity.In Federalism and the Constitution of Canada, award-winning author David E. Smith examines a series of royal commission and task force inquiries, a succession of federal-provincial conferences, and the competing and controversial terms of the Constitution Act of 1982 in order to evaluate both the popular and governmental understanding of federalism. In the process, Smith uncovers the reasons constitutional agreement has historically proved difficult to reach and argues that Canadian federalism 'in practice' has been more successful at accommodating foundational change than may be immediately apparent.
Federalism and the Courts in Africa: Design and Impact in Comparative Perspective
by Yonatan T. Fessha Karl KösslerThis volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.
Federalism and the Dictatorship of Power in Russia (Routledge Studies of Societies in Transition)
by Mikhail StoliarovStoliarov presents an analysis of the historical traditions and distinctive features of modern Russian federalism. He reviews the state of affairs in today's Russia as it strives to become a federal democracy securing the rights and liberties of its citizens. By tracing two contrasting ideas - federalism and derzhavnost (dictatorship of power) - in the legacy of the Russian state, and in relations between the modern federal government and the regions, he demonstrates the need for balance in the delimitation of power. The election in 2000 if Vladimir Putin as President raised doubts about the future of federalism among politicians and citizens, but Stoliarov believes that the development of federalism is the only way forward for this multi-ethnic and multi-religious society. He shows that the strengthening of 'vertical power' and 'dictatorship of the law', despite their patriotic appeal, are likely to have a negative effect on the building of democracy and federalism in Russia.
Federalism and the European Union: The Building of Europe, 1950-2000
by Michael BurgessA revisionist interpretation of the post-war evolution of European integration and the European Union (EU), this book reappraises and reassesses conventional explanations of European integration. It adopts a federalist approach which supplements state-based arguments with federal political ideas, influences and strategies. By exploring the philosophical and historical origins of federal ideas and tracing their influence throughout the whole of the EU's evolution, the book makes a significant contribution to the scholarly debate about the nature and development of the EU.The book looks at federal ideas stretching back to the sixteenth century and demonstrates their fundamental continuity to contemporary European integration. It situates these ideas in the broad context of post-war western Europe and underlines their practical relevance in the activities of Jean Monnet and Altiero Spinelli. Post-war empirical developments are explored from a federalist perspective, revealing an enduring persistence of federal ideas which have been either ignored or overlooked in conventional interpretations. The book challenges traditional conceptions of the post-war and contemporary evolution of the EU, to reassert and reinstate federalism in theory and practice at the very core of European integration.
Federalism and the Making of America
by David Brian RobertsonThough Americans rarely appreciate it, federalism has profoundly shaped their nation's past, present, and future. Federalism--the division of government authority between the national government and the states--affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism's evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states' rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. Federalism helped fragment American politics, encourage innovation, foster the American market economy, and place hurdles in the way of efforts to mitigate the consequences of economic change. Federalism helped construct the path of American political development. Federalism and the Making of America is a sorely needed text that treats the politics of federalism systematically and accessibly, making it indispensible to all students and scholars of American politics. Chosen as one of Choice's Outstanding Academic Titles for 2012.
Federalism and the Making of America
by David Brian RobertsonThough Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. Some of the most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. In the second edition of this nuanced and comprehensive text, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. New to the Second Edition Emphasizes that federalism is a battleground that shapes every life inAmerica. Extensively revised and updated, including new coverage of recent controversies like Ferguson, immigration, climate change, Obamacare, gay rights, the minimum wage, political polarization, voter identification, fracking, and marijuana legalization. Brings together the newest developments in history, political science, law,and related disciplines to show how federalism influences government and politics today. Includes chapter-opening vignettes that deal with contemporary cases and policy challenges.
Federalism and the Response to COVID-19: A Comparative Analysis (Routledge Series on the Humanities and the Social Sciences in a Post-COVID-19 World)
by Rupak ChattopadhyayThe COVID-19 pandemic bared the inadequacies in existing structures of public health and governance in most countries. This book provides a comparative analysis of policy approaches and planning adopted by federal governments across the globe to battle and adequately respond to the health emergency as well as the socio-economic fallouts of the pandemic. With twenty-four case studies from across the globe, the book critically analyzes responses to the public health crisis, its fiscal impact and management, as well as decision-making and collaboration between different levels of government of countries worldwide. It explores measures taken to contain the pandemic and to responsibly regulate and manage the health, socio-economic welfare, employment, and education of its people. The authors highlight the deficiencies in planning, tensions between state and local governments, politicization of the crisis, and the challenges of generating political consensus. They also examine effective approaches used to foster greater cooperation and learning for multi-level, polycentric innovation in pandemic governance. One of the first books on federalism and approaches to the COVID-19 pandemic, this volume is an indispensable reference for scholars and researchers of comparative federalism, comparative politics, development studies, political science, public policy and governance, health and wellbeing, and political sociology.
Federalism and the Welfare State in a Multicultural World (Queen's Policy Studies Series #198)
by Richard Johnston Will Kymlicka Elizabeth Goodyear-Grant John MylesUntil the 1990s social policy played an integrative role in Canada, providing a counter-narrative to claims that federalism and diversity undermine the potential of social policy. Today, however, the Canadian model is under strain, reflecting changes in both the welfare state and the immigration-citizenship-multiculturalism regime. Federalism and the Welfare State in a Multicultural World illustrates that there are clear trends that, if unchecked, may exacerbate rather than overcome important social cleavages. The editors argue that we are at a crucial moment to re-evaluate the role of social policy in a federal state and a multicultural society, and if federalism and diversity challenge traditional models of the nation-building function of social policy, they also open up new pathways for social policy to overcome social divisions. Complacency about, or naive celebration of, the Canadian model is unwarranted, but it is premature to conclude that the model is irredeemably broken, or that all the developments are centrifugal rather than centripetal. Social policy is integral to mitigating divisions of class, region, language, race, and ethnicity, and its underlying values of solidarity and risk-sharing also make it a critical mechanism for nation-building. Whether social policy actually accomplishes these goals is variable and contested. The essays in this volume provide some timely answers.
Federalism beyond Federations: Asymmetry and Processes of Resymmetrisation in Europe (Federalism Studies)
by Ferran Requejo Klaus-Jürgen NagelSince the end of the Second World War, a set of democratic European countries have established a decentralized system of government based on federal or regional patterns. Some of these systems initially displayed an asymmetrical trend, however, some democracies have implemented a subsequent process of re-symmetrization that changes the structure and the legitimization of the previous political agreements. Charting the evolution of decentralization processes and asymmetries implemented in Belgium, Denmark, Finland, France, Italy, Portugal, Russia, Spain, Ukraine and the United Kingdom, leading international scholars illustrate which countries have evolved more symmetrically, why this is so and what the role of political actors in these processes have been. In doing so, each case study: - Examines the causes of the legal and constitutional asymmetries and the main political cleavages. - Analyses the main institutions, actors and factors that influence the political dynamics of the territorial debate. - Questions whether there is such a process of re-symmetrization - Presents the main actors in favour of the process of re-symmetrization and of maintaining the constitutional and legal asymmetries Written accessibly and contributing to key debates on federalism and asymmetry, Federalism beyond Federations appeals to academics, politicians, decision-makers and all those interested in the political problems facing modern democracies.
Federalism, Citizenship and Quebec
by Alain G. Gagnon Raffaele IacovinoCanadians often imagine their country as a multicultural democracy, while a few go further to claim that the country's diversity can be characterized as multinational in its social and institutional make-up. In Federalism, Citizenship, and Quebec, Alain-G. Gagnon and Raffaele Iacovino reveal how this notion has been falsely presented to the populace. Through comprehensive historical, contemporary, and critical accounts, they argue that the country has been the object of an aggressive nationalizing project that contravenes the principles of a 'multinational federation.' Gagnon and Iacovino defend a conception of diverse citizenship for Canada that is truly suitable to a durable and just constitutional association and provide an alternative path for the country based on normative, socio-political, and practical considerations associated with multinational democracy.Including a detailed account of the main challenges associated with Quebec's place in the federation, Federalism, Citizenship, and Quebec stands apart from other English-language studies on multinational democracy, citizenship, and federalism, and, most notably, multinational democracy in Canada. Gagnon and Iacovino ground their work in both history and theory, offering a truly interdisciplinary approach that will appeal to scholars from fields as diverse as Canadian and Quebec politics, comparative politics, and political and legal theory. The book will contribute to awareness of the need for appreciating diversity in contemporary societies while being a useful addition to English Canadian students in these fields, who often lack exposure to many of the rich debates proceeding in Quebec.
Federalism, Devolution and Cleavages in Africa (Federalism and Internal Conflicts)
by Assefa FisehaThis book explores the relationship between federalism, social divides and conflict in African countries. It details the origins, design and performance of major federal and quasi-federal states to assess their performance and propose new methods for managing these divides. Drawing on evidence from countries such as Ethiopia, Kenya, Nigeria and South Africa, the book examines the nature and causes of ethnonationalism, mobilisation and confrontation with the nation state. The book is a comprehensive treatment of the five major federal and devolved systems in Africa. It explains their origin, design and operation, and assesses their performance. More importantly, the book explains the distinct nature of federal and devolved systems in the Global South. Federal and devolved systems in Africa cannot be understood in isolation from the nature of state power on the continent. The book explains the impact of unregulated state power on the dynamics of federal and devolved systems in Africa. Federalism and devolution have not failed but have been betrayed – both in the past and the present – in serving as a venue for accommodation, intergovernmental bargaining and negotiated reform.
Federalism, Feminism and Multilevel Governance (Gender in a Global/Local World)
by Marian SawerUntil recently, few gender scholars took notice of the impact of state architecture on women's representation, political opportunities, and policy achievements. Likewise scholars of federalism, devolution and multilevel governance have largely ignored their gender impact. For the first time, this book explores how women's politics is affected by and affects federalism, whether in Australia, Canada, India, Mexico, Nigeria, Russia or the US. Equally, it assesses the gender implications of devolution and multilevel governance in the European Union, including case studies of the UK and Germany. Globally, multilevel governance is providing new arenas for women's politics. For example, CEDAW (the UN Convention for the Elimination of All Forms of Discrimination against Women) has led most governments to adopt gender-equality norms while other UN instruments have supported Aboriginal self-government. Gender scholars will find especially valuable what is revealed about the impact of political architecture on a broad range of policy issues, including gay marriage, reproductive rights and childcare. Federalism scholars will benefit from the book's wide range of cases, comparative themes and combination of gender and federalism perspectives. Written by leading experts, this book fills an important gap in both literatures.
Federalism in Action: The Devolution of Canada’s Public Employment Service, 1995-2015 (IPAC Series in Public Management and Governance)
by Donna E. WoodEvery developed country has a public employment service that connects job seekers with employers through information, placement, and training support services. In Federalism in Action, Donna E. Wood assesses how Canada’s public employment service is performing after responsibility was transferred from the federal government to provinces, territories, and Aboriginal organizations between 1995 and 2015. Drawing upon over twenty years of data, Wood reveals the governance choices provinces made, the reasons behind these choices, and the outcomes they achieved. Provincial decisions regarding employment programming is an important public policy issue about which little is known, and even less understood within the context of Aboriginal communities. Federalism in Action includes analytical comparisons of Canada’s employment programming with the United States, Australia, and the European Union, as well as information from insightful interviews with key informants from every province. In firmly placing Canada within the extensive international literature on the governance of welfare-to-work policies, this book makes an important new contribution to research.
Federalism in Asia: India, Pakistan and Malaysia (Routledge Advances in International Relations and Global Politics)
by Harihar BhattacharyyaThis book analyzes the successes and failures of various federal measures adopted in India, Pakistan and Malaysia for the political accommodation of diversity. Bhattacharyya then assesses their comparative significance for other countries in Asia. In particular, he examines growing tensions between nation and state-building in ethnically plural societies; modes of federation-building in Asia; persistent ethno-nationalist tensions in federations, and the relationship between federalism and democracy; and federalism and decentralization. Since ethno-nationalist conflict remains unresolved in most countries of Asia, this book should of interest to those seeking long-term solutions of problems of order and stability in ethnically diverse countries in Asia.
Federalism in Asia: India, Pakistan, Malaysia, Nepal and Myanmar (Routledge Studies in Federalism and Decentralization)
by Harihar BhattacharyyaThis comprehensive book critically analyzes the successes and failures of federalism in India, Pakistan, Malaysia, Nepal and Myanmar for the political accommodation of ethno-regional diversity and assesses their comparative democratic significance for other countries in Asia. This revised new edition incorporates updated demographic, religious and linguistic data for the case study countries and examines some of the major changes that have taken place in formally federal states since 2010, including the 18th Amendment of the Constitution in Pakistan in 2010, which gave a major turn to decentralization by empowering the provinces; the new federal democratic Constitution that was introduced in Nepal in 2015; and the abolition of the Planning Commission and the National Development Council in India. The author thematically examines the growing tensions between nation and state-building in ethnically plural societies; modes of federation-building in Asia; persistent ethnic tensions in federations and the relationship between federalism and democracy; and federalism and decentralization. The book will be of use to advanced undergraduate and postgraduate students of Asian politics, comparative federalism and modern Asian political history and institutions, as well as policy makers on ethnic conflict regulation and peace studies and stakeholders in ethnic power-sharing and political order.
Federalism in Canada: Contested Concepts and Uneasy Balances
by Thomas O. HueglinFederalism in Canada tells the turbulent story of shared sovereignty and divided governance from Confederation to the present time with three main objectives in mind. The first objective is to convince readers that federalism is the primary animating force in Canadian politics, and that it is therefore worth engaging with its complex nature and dynamic. The second objective is to bring into closer focus the contested concepts about the meaning and operation of federalism that are at the root of the divide between English Canada and Quebec in particular. The third objective is to give recognition to the trajectory of Canada’s Indigenous peoples in the context of Canadian federalism, from years of abusive neglect to belated efforts of inclusion. The book focuses on the constitution with its ambiguous allocation of divided powers, the pivotal role of the courts in balancing these powers, and the political leaders whose interactions oscillate between intergovernmental conflict and cooperation. This focus on executive leadership and judicial supervision is framed by considerations of Canada’s regionalized political economy and cultural diversity, giving students a compelling and nuanced view of federalism in Canada.
Federalism in Greek Antiquity
by Beck, Hans and Funke, Peter Hans Beck Peter FunkeThe world of ancient Greece witnessed some of the most sophisticated and varied experiments with federalism in the pre-modern era. In the volatile interstate environment of Greece, federalism was a creative response to the challenge of establishing regional unity, while at the same time preserving a degree of local autonomy. To reconcile the forces of integration and independence, Greek federal states introduced, for example, the notion of proportional representation, the stratification of legal practice, and a federal grammar of festivals and cults. Federalism in Greek Antiquity provides the first comprehensive reassessment of the topic. It comprises detailed contributions on all federal states in Aegean Greece and its periphery. With every chapter written by a leading expert in the field, the book also incorporates thematic sections that place the topic in a broader historical and social-scientific context.
Federalism in South Asia
by Mahendra Prasad Singh Veena KukrejaThis book is one of the first in-depth and systematic studies on the functioning and aspiring federations of South Asia. It examines how federal dynamics in India, Pakistan, Nepal, and Sri Lanka are impinged on by the nature of their specific constitutions; their societal, political and cultural fabrics; composition of power elites and ruling classes; structures of political economy and market; electoral and party systems; mass media; and information technology. The authors offer a comparative, analytical, conceptual, and theoretical framework to understand patterns and trends as also experiences of and possibilities for federalism in South Asia. They highlight divergences and similarities, successes and key challenges, while indicating federalism’s wider regional relevance in the discourse on democracy and governance. The book concludes that the multicultural character of these societies — beset with ethnic and regional conflicts, separatist and military undercurrents — makes federal political solutions the only viable route. Providing a wealth of material, this will deeply interest scholars, students and teachers of comparative politics, political science, federal studies, area studies as well as those interested in political structures and processes in South Asia.
Federalism in the Middle East: State Reconstruction Projects and the Arab Spring (Perspectives on Development in the Middle East and North Africa (MENA) Region)
by Leonid Issaev Andrey ZakharovThis book examines the projects of administrative and territorial reconstruction of Arab countries as an aftermath of the “Arab Spring”. Additionally, it looks into an active rethinking of the former unitary model, linked by its critics with dictatorship and oppression.The book presents decentralization or even federalization as newly emerging major topics of socio-political debate in the Arab world. As the federalist recipes and projects are specific and the struggle for their implementation has a pronounced variation, different case studies are presented. Countries discussed include Libya, Syria, Yemen, and Iraq.The book looks into the background and prerequisites of the federalist experiments of the “Arab Spring”, describes their evolution and current state, and assesses the prospects for the future. It is, therefore, a must-read for scholars of political science, as well as policy-makers interested in a better understanding of previous and current developments in the Arab countries.
Federalism, Nationalism and Development: India and the Punjab Economy (Routledge Contemporary South Asia Series)
by Pritam SinghThis book throws new light on the study of India's development through an exploration of the triangular relationship between federalism, nationalism and the development process. It focuses on one of the seemingly paradoxical cases of impressive development and sharp federal conflicts that have been witnessed in the state of Punjab. The book concentrates on the federal structure of the Indian polity and it examines the evolution of the relationship between the centre and the state of Punjab, taking into account the emergence of Punjabi Sikh nationalism and its conflict with Indian nationalism. Providing a template to analyse regional imbalances and tensions in national economies with federal structures and competing nationalisms, this book will not only be of interest to researchers on South Asian Studies, but also to those working in the fields of politics, political economy, geography and development.
Federalism, Plurinationality and Democratic Constitutionalism: Theory and Cases (Routledge Studies in Nationalism and Ethnicity)
by Ferran Requejo Miquel CaminalThis book provides a theoretical and comparative analysis of federalism and federations in plurinational democracies, examining how states with distinct peoples and communities coexist (or not). Through a theoretical approach to democracy and federalism, and interdisciplinary analysis of plurinationality in state organization, including case studies of the UK, Russia, Canada, Belgium, India, Spain, Switzerland and Bolivia, this text assesses the possibilities and limits of federalism as a way to recognize and accommodate multinationalism in plurinational democracies. It evaluates a range of strategies used by states to support national, ethnic, linguistic or religious collectives in present-day liberal democracies. Leading scholars in the field evaluate the institutional and practical repercussions regarding the issue of recognition and accommodation of national minorities in a globalised world, through different theoretical perspectives to build up a detailed picture of problems and solutions to multinationalism. Looking both within and beyond the state, this is an invaluable examination of dilemmas and institutional challenges faced by many modern democracies. Federalism, Plurinationality and Democratic Constitutionalism will be of interest to students, researchers and scholars of democracy, nationalism, federalism and constitutionalism.
Federalism, Secession, and International Recognition Regime: Iraqi Kurdistan (Federalism Studies)
by Alex DanilovichFederalism is widely believed to be an efficient tool to quell ethnic conflict, yet recently there has been a pronounced global tendency among ethnic minorities to break away from larger nations. Iraqi Kurdistan, a region within the newly established Iraqi federation, also harbors plans to proclaim its own sovereign state. This volume analyses the factors that have caused the Kurds to change their minds about living in a federal Iraq, and the reaction of their neighbors and the international community at large. Using a broad theoretical framework of federal studies and secession theory, this book examines the causes for the breakup of ethnic federations fuelled by nationalism as well as the international regime of recognition of newly formed entities. It provides a first-hand account and theoretically informed interpretations of the Iraqi situation, showing that federalism is not always a universal remedy for ethnic and religious conflicts; it also emphasizes that the international recognition regime is a significant variable in peoples’ actions and aspirations to sovereignty. Enriching the ongoing debate on federalism and self-determination, this volume will appeal to scholars and students of politics, international relations, and comparative politics, as well as those interested in federalism, the Middle East and Kurdistan.
Federalism, Secession, and the American State: Divided, We Secede (Routledge Studies in North American Politics)
by Lawrence M. AndersonOne important tradition in political science conceives of the Civil War in the United States serving as the functional equivalent of the English and French Revolutions, bringing with it the victory of liberal democratic industrialism over aristocratic agriculturalism. From this perspective, the Civil War is notable for its impact on the American state. Surprisingly however, little attention has been paid to the distinguishing features of this historic rupture in American politics. Through primary source research and the re-analysis of the rich historical literature about the antebellum era and the causes of the Civil War, Lawrence A. Anderson explores the relationship between federalism and the movement for secession in the United States during the pre-civil war era. Focusing primarily on South Carolina, Anderson carefully revisits theory on institutional analysis of political development to expose what caused secession in the United States.
Federalism, Unification and European Integration
by Charlie Jeffery Roland SturmThis is an assessment of how an established, federal constitutional framework can adapt to meet the challenge posed by the achievement of German unity and the deepening of european Unity.