Case Studies

Oct

2024

Islam, Somali Culture and Federalism: An Integrated Perspective

Abstract

Islam plays a central role in Somali society, influencing social norms, legal frameworks, and political systems. The Islamic legal system (Sharia) and traditional Somali customary law (Xeer) operate alongside formal state-backed courts, prioritizing community consensus and moral obligations. The Somali Provisional Constitution incorporates Islamic principles, designating Islam as the state religion and Sharia as the supreme law. Federalism, introduced in 2004, aligns with Islamic teachings on justice, consultation, and communal welfare. This governance model accommodates the intricate clan structures and local customs, promoting inclusivity and enhancing local governance. However, successful implementation of federalism in Somalia requires balancing traditional clan governance with modern federal structures, ensuring inclusivity, and integrating the needs of pastoral communities. Tailoring federalism to Somali cultural and social nuances fosters social cohesion, community empowerment, and national development.

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Oct

2024

Postcolonial Federalism and the Islamic Republic of Pakistan

Abstract

For decades, debate has revolved around whether the Islamic Republic of Pakistan qualifies as a federation. This uncertainty originates from the lack of democratic credentials within Pakistan’s federal system and its multilevel operations. Often ignored is Pakistan’s colonial history and the legacies of colonial rule that have aided and abetted this status quo. Postcolonial Federalism advocates a relationship between the de jure and de facto legacies of colonial rule and Pakistan’s current federal dynamics. It emphasises the importance of colonial socio-political engineering and the inheritance of institutions after independence in 1947. To understand the social reality of federations such as Pakistan, it is essential to detach from the Western frameworks and objectives of federalism as we know them.

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Jul

2024

Empowering communities, elevating lives through better governance

Abstract

Empowering local governments is pivotal for fostering democratic principles, accountability, and sustainable service provision. By bolstering sub-national structures, nations like Somalia advanced in state-building efforts, promoted peacebuilding, addressed societal disparities, and continues to strengthen the social contract. In Somalia, the significance of local governance cannot be overstated. It plays a pivotal role in stabilizing fragile contexts, fostering peace, driving economic progress, enhancing administrative efficiency, and ensuring social inclusion. Local governments are instrumental in upholding peace, stability, and establishing state legitimacy.

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Apr

2024

The EU Budget and its Conditionalities*

Abstract

Conditional grants are also often seen as an instrument to reduce constituent units’ policy autonomy in federal systems. Conditional grant programmes also play an important role in policy-making in the EU. Cohesion Policy as an example of an EU public policy which has experienced a significant rise in conditionality instruments over recent decades. However, their use is controversial, as not all member states are affected by the set conditions in the same way which may undermining solidarity. Especially in federal and decentralised countries the autonomy of constituent units has been progressively limited. The constituent units are the main beneficiaries of EU cohesion policy, but they are not involved in decision-making on conditionalities and cannot be held accountable for compliance with all of them.

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Mar

2024

“The Southern Challenge”: Contestatory Federalism in India*

Abstract

Does contestation by subnational units help in maintaining or even enhancing federal practices? This contribution examines recent developments in India, specifically the role of southern states in questioning the practice of federalism, in particular against increasing centralisation. It argues that the southern states play an important role in challenging actions by the federal government and thus also highlight the inequities of the centralised Indian federation and lack of institutionalised fora for intergovernmental relations and centre-state dialogues.

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Mar

2024

Don’t throw out the baby with the bath water: How not to misread an EU request about foreign judges at the Constitutional Court of Bosnia and Herzegovina

Abstract

The role of a Constitutional Court is central, even more so after a conflict in deeply divided societies. Foreign judges may strengthen the judicial independence, authority, and accountability of a court. However, the consideration of their role is strongly related to the context, including the role of the International Community. Experience suggests that there is positive potential for the use of foreign judges in stabilizing post-conflict situations; however, over time they may risk becoming a divisive factor themselves, as recently in the case of Bosnia and Herzegovina. This, and the preparation for EU accession, makes it necessary (or at least advisable) to adapt their guarantee function, write Jens Woelk and Harun Išerić.

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Feb

2024

A Glimpse of Nepalese Federalism

Abstract

Nepal has a long history of a unitary system in which the discourse of federalism was started by the ‘Moist People War’ (1996-2006); geared up by the United People’s Movement (April 2006); owned by the Comprehensive Peace Agreement/Accord (CPA) signed by the Maoists and the Government of Nepal (24 November 2006); established by the Madhesh Movement (2007); and codified by the Constitution of Nepal (2015) through the Constituent Assembly, ultimately. The Nepalese federalism has even adopted the core principles of republicanism, ethnic diversities, equality and non-discrimination, affirmative action, social inclusion, secularism, decentralization of state power and financial power, distribution of source of revenue, autonomy, self-rule, and shared rule, etc., among others. For this purpose, there are federal, provincial (7), and local levels governments (753) operating; several legal, institutional, procedural, and practical initiatives have been taken by the governments, and while some progress has been made, however, there are several remaining responsibilities yet to be addressed including the ‘traditional unitary mindset’ for localizing and sustaining federalism in the country.

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Nov

2023

Building Trust and Foundations for Fiscal Federalism in Conflict-affected Somalia

Abstract

Somalia is a federal country with established Federal Member States (FMS). In the absence of a finalized constitution, a political settlement over power and resource allocation is lacking, leading to extra-constitutional negotiations. A nascent federal system with a provisional constitution poses major constraints on the functioning of the government and citizens’ trust. This includes inter alia the inability to provide services across the jurisdictions, conflict over limited resources, constrained human resources, election disputes, limited understanding of federalism, corruption, and clashes. A political settlement would help Somalia’s stabilization and sustainable development. The current political leaders have created avenues for political negotiations that help reach consensus on contentious issues. These avenues are laying the foundation for political dialogue, leading to compromise on many unresolved issues that are proving successful and a model for post-conflict settings.

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Sep

2023

American State Constitutions as Ordinary Law

Abstract

Americans revere the United States Constitution and the Founders who created it, so they rarely amend the Constitution, and they rely on the United States Supreme Court to elaborate its meaning. But they have a very different relationship to their state constitutions. They regularly amend their state constitutions or replace them altogether, and they have no compunction about jettisoning what the constitutions’ founders created. When they disagree with how a state court interprets the state constitution, they adopt amendments to overrule the judges or even vote them out of office. This dual constitutionalism encourages a distinctive political practice. Americans treat the U.S. Constitution as a repository of political principles, but they view their state constitutions as a species of ordinary law and use them rather than revere them, including in them provisions that could as easily be put in statutes. This facilitates popular control over government. The result is a system of dual constitutionalism that combines stability at the national level with dynamism at the state level, statements of fundamental principle at the national level with the vigor of popular input at the state level.

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Jul

2023

Decentralization in Armenia: Local Governance Reform and the Need for Functional Decentralization

Abstract

Armenia has witnessed an impressive amount of local governance reforms, which have established larger, more functional and better financed municipalities. Yet, despite the successes established so far, further reform efforts will be needed. In addition to strengthening the financial capacities of municipalities, it will be vital to ensure that they are also capable of delivering direct services to the citizens. In order to do so, further reforms are needed, which focus on functional and fiscal decentralization. Furthermore, a proper decentralization strategic framework for the next phase of the local governance reform process should be developed by the Ministry of Territorial Administration and Infrastructure (MTAI) in consultation with the municipalities and other stakeholders.

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