Accommodation

Examining Quebec-Canada Relations:  A Case-Study of Health Care

Examining Quebec-Canada Relations: A Case-Study of Health Care

Abstract

The original Constitution of Canada, the British North America Act of 1867 (BNAA), empowers two orders of government with clearly demarcated areas of legislative competences.  The Quebec government has been keen, especially since the early 1960 with the advent of the Quiet Revolution, to occupy in full its own fields of jurisdictions and to stop Ottawa from intervening in provincial domains. This was often done through the use of an opting out clause that was made available to all provinces although, in the end, Quebec was the only one to make full use of it. This text presents a case study of the recent healthcare agreements between Quebec and the central government. It points out the different relations between the provinces in relation to health care, specifically that while all other provinces sought to find a compromise on health care agreements, Quebec was successful in having its constitutional competences recognized.


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Posted by Alain-G. Gagnon and Jean-Denis Garon in Policies, 0 comments
The Federalism Debates in Nepal and Myanmar: From Ethnic Conflict to Secession-risk Management

The Federalism Debates in Nepal and Myanmar: From Ethnic Conflict to Secession-risk Management

Abstract

Nepal and Myanmar both committed to establishing federalism in response to ethnic conflict and a secession risk. However, while Nepal has successfully enacted a federal constitution following a participatory process, Myanmar’s elite-based negotiations have slowed considerably. The management of the secession risk is the key issue pervading the federalism debates in these countries. This is especially manifest in decisions about how and where to draw provincial boundaries (ethnic versus territorial federalism) and the division of powers. Such design features can help overcome the perception within Myanmar’s military that federalism will lead to secession, which remains a significant hurdle.

 

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Posted by Michael G Breen in Case Studies, 0 comments
Constitutional Asymmetry as a Tool to Manage Diversity

Constitutional Asymmetry as a Tool to Manage Diversity

Abstract

This short contribution challenges traditional perspectives in federalism studies by addressing the concept of constitutional asymmetry as an alternative approach and by examining the potentials of constitutional asymmetry. In relation to multinationalism in systems with federal arrangements, the contribution demonstrates that the use of constitutional asymmetries in contemporary federal theory provides a more flexible approach to autonomy claims.

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Posted by Maja Sahadzic in Diversity Management, 0 comments
Non-Territorial Cultural Autonomy

Non-Territorial Cultural Autonomy

Abstract

Non-Territorial Cultural Autonomy (NTCA) advocates the creation of minority rights regimes in societies that are culturally diverse, but which for a variety of reasons are not wholly suited to federal solutions. In this contribution, I examine the long history of NCTA, drawing upon a number of empirical examples to substantiate the claims made by both is supporters and detractors. In the final section, I turn to the contemporary relevance of NCTA, concluding that while assessments on the efficacy of NTCA tend to be rather gloomy, it is a solution that should not be readily dismissed, particularly in a world replete with dysfunctional and failed states.

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Posted by Karl Cordell in Theory, 0 comments
Belgium: The Short Story of a Long History of (In)Stability

Belgium: The Short Story of a Long History of (In)Stability

Abstract

The history of Belgium since 1830 shows the progressive transformation of a linguistic dynamic in an identity dynamic through the territorialisation of political tensions and then the federalisation of the State, originally a unitary State. This contribution tells the short story of a long history of stability and instability in Belgium.

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Posted by Min Reuchamps in Case Studies, 0 comments
Federalism, Democracy and Inclusion: What about the Others?

Federalism, Democracy and Inclusion: What about the Others?

Abstract

Two competing perspectives on the role of federalism in divided societies prevail: accommodation and integration. An accommodationist reading of federalism suggests drawing subunit boundaries to provide minority groups with self-rule whereas integrationist forms of federalism argue that units should be designed to cut across group lines. While these two perspectives offer important insights on securing democracy in divided societies, they both overlook the effect of federal design on “others,” that is, groups that face exclusion in the design of political institutions and in post-conflict governance processes. This contribution considers the scholarship on federalism and “others” in divided societies, focusing on gender and sexuality. 

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Posted by Allison McCulloch in Diversity Management, 0 comments
Federalism: A Tool for Conflict Resolution?

Federalism: A Tool for Conflict Resolution?

Abstract

Federalism has become increasingly used as a tool of conflict resolution in the post-Cold War era. This contribution discusses the rationale in using federalism as a tool of peace-building, conflict resolution and democratisation in deeply divided, ethnically heterogeneous and post-conflict societies. In doing so, it is highlighted how federalism can serve as an acceptable and viable solution for different ethnic groups because of its emphasis on autonomy and territorial integrity. The contribution also demonstrates that federalism is not able to solve all problems in ethnically heterogeneous societies and that further research is needed in order to understand the conditions in which federalism can be used to end conflict and bring peace and democracy to divided countries.

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Posted by Paul Anderson and Soeren Keil in Federalism and Conflict, 0 comments