Constitution

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
The Union Model of Indian Federalism

The Union Model of Indian Federalism

Abstract

The Founding Fathers provided India with a Union Constitution and a model of federalism, which is now distinctively know as a ‘union model of federalism’. It distinctively harmonises otherwise opposite processes of (i) centralisation-decentralisation; (ii) autonomy-integration, and unionisation- regionalisation. The degree of federalism varies from Article to Article and from one context to another. One finds a consistency in the relative degrees of centralisation and decentralisation. Powers are distributed in a manner as to promote federal nationalism and regionalism, besides being an ethnically responsive federal polity. With the introduction of Goods and Services Taxes (GST) and the National Institution for Transforming India (NITI Aayog) and growing salience of subject specific regulatory bodies, Indian federalism is gradually shifting towards a system of national governance, which I have termed ‘National federalism’. This contribution succinctly analyses these aspects of Indian federalism.

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Posted by Ajay Kumar Singh in Case Studies, 0 comments
The Original Sin of Ethiopian Federalism

The Original Sin of Ethiopian Federalism

Abstract

Territorial autonomy for ethnic groups is an important component of Ethiopian federalism designed to deal with the challenges of ethnic diversity. The constitutional decision to use ethnicity as a basis for the organisation of the state represents a recognition of the political relevance of ethnicity. However, the decision that each major ethnic group should be dominant in one and only subnational unit has elevated ethnic identity to a primary political identity. This approach overlooks other historically and politically relevant territorial identities. The constitution thus misses an opportunity to respond to ethnic concerns without freezing ethnicity as an exclusive political identity.

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Posted by Yonatan Fessha 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
Switzerland in 2018 – The Re-birth of Federalism?

Switzerland in 2018 – The Re-birth of Federalism?

Abstract

Switzerland is often held up as one of the most successful examples of a stable federal system. Since its creation in 1848, Swiss federalism has contributed to the country’s stability, as well as its wealth and prosperity. Notwithstanding the generally accepted success of the Swiss experiment with federalism, the Swiss themselves very much relish an opportunity to examine and criticise the federal system. This has even been institutionalised in the form of ‘National Conferences on federalism’ which, when convened every three years, provide a forum for a discussion on the development of Swiss federalism, often focusing on drawbacks and weaknesses as opposed to benefits. For the first time in many years, however, the 2017 National Conference presented federalism in a more positive light. This article briefly details the history and complexity of federalism in Switzerland, discusses the development of the National Conferences and concludes with a discussion on federalism in times of illiberal democracy.

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Posted by Nicolas Schmitt in Case Studies, 0 comments