Diversity

Shades of Federal Theory

Shades of Federal Theory

Abstract

The conceptual history of federalism only begins in the 17th century as a response to Bodin’s doctrine of absolute and indivisible sovereignty. Modern federalism has therefore typically been understood as a variation of the state, most importantly in the form of the federal state. Non-statist federal concepts have been ignored or neglected. Against the pessimistic assumption that a universal federal principle cannot be found, I suggest that it is at least possible to identify a coherent set of normative principles without which federalism would not make sense. These principles are membership equality, subsidiarity, social solidarity, and federal comity.

 

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Posted by Thomas O. Hueglin in Theory, 0 comments

South Africa’s Quest for Power-Sharing

Abstract

In the years of transition from the authoritarian apartheid system to a new constitutional democracy, South Africa has chosen decentralisation to solve its deep-seated economic, political and societal discrepancies. This paper argues that federal principles, enshrined in both the Interim Constitution and the 1996 Constitution, played a key role in the constitutional transition to democracy and strongly contributed to the achievement of the negotiations between the different parties. However, South Africa’s (quasi) federal system is now highly centralized, with a declining autonomy for its constituent units.

 

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Posted by Fabrizio E. Crameri 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