Federalism

Jul

2018

Are Cities Constituent Units in Brazil’s Federalism?

Abstract

The Brazilian Constitution of 1988 states that municipalities (cities) are part of the federal union. This statement reflects the relevance of local governments in Brazil’s federation. The federal structure does not guarantee municipalities the same level of federative ground the states have. However, municipal competences and roles established by the constitution and the dynamic of Brazilian federalism have shown a high level of participation of local governments in Brazil’s federation.

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Jun

2018

Autonomous Island Regions

Abstract

Research regarding autonomous island regions encounters a myriad of various definitions used in two overarching traditions within the field: autonomism and federalism. This short article sheds some light on some of the most common definitions used and maybe how we can derive some closure in the area. However, more research should be done in order to come up with a complete list of autonomous islands in the world.

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Jun

2018

Gender Equality and Federalism

Abstract

Gender scholars argue that a federal model of governance can provide opportunities to advance gender equality and the rights of women. Those opportunities include increased opportunities to sit in public office, multiple access points for women to lobby for reform measures, encouraging policy transfer between different regions of a country, protecting women from violence by responding more effectively to ethnic diversity and conflict through the provision of autonomy, self-rule and self-determination, and enabling local concerns including the different interests of women to be better represented. In some situations, however, gender scholars argue a federal model of governance makes it difficult to achieve uniformity of laws, programs and services that benefit women, it fragments the solidarity of the women’s movements, and that it is costly and complicated to navigate making gender reform measures more difficult to implement.

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May

2018

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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Apr

2018

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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Mar

2018

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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Mar

2018

A Federation like no other: The Case of Bosnia and Herzegovina

Abstract

Bosnia and Herzegovina is a complex state composed of two entities: the Federation of BiH and Republika Srpska, and one independent unit – Brčko District, as well as three constituent peoples: Bosniaks, Croats and Serbs. The Constitution does not mention the word federation, thus it is not formally defined whether BiH has a federal or confederal character. Strengthened competences of the state and a clear direction towards greater empowerment of the state level institutions suggest a movement from a confederation to a federation. However, while there is no agreement on what exactly Bosnia is, what is even more alarming is the abuse of the concept of federalism by Bosnian elites. Serbs consciously misinterpret federalism to underline their demand for more autonomy and, ultimately, secession. Croats see federalism as a tool to argue for a third entity, while Bosniaks promote the idea of regionalism instead. Thus, despite the fact that it has been twenty years since the first post-war elections, nothing has really changed; Bosnia and Herzegovina remains a highly unbalanced and badly constructed federation.

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Feb

2018

Joint-decision Making: An Alternative to Centralisation / Decentralisation

Abstract

The text presents the concept of joint-decision making as an idea and alternative to the already established concepts of centralisation and decentralisation in federal studies. Whereas the notions of centralisation and decentralisation seem to be well established in federal studies, the idea of joint-decision making seems to count only as a German speciality or a German feature of federal studies. This paper further explores this idea and concept, drawing upon the German case as well as suggesting it is worth expanding beyond it.

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Feb

2018

Secession and Federalism: A Chiaroscuro

Abstract

The relationship between federalism and secession might be regarded as antithetical but is an unavoidable fact in multinational political communities. Integration and disintegration are both possible trends in a federation. Recent political events in Catalonia show the salience of independence claims, a political phenomenon already experienced by other countries such as Scotland or Quebec. Liberal democracies evolve and debates on self-government and self-determination cannot be discussed as they were decades ago. Constitutional right to secede is extremely rare, however we can find good reasons both in constitutional and normative analysis supporting democratic self-determination. Minority nations, as permanent minorities, claim for liberal guarantees to protect them from majorities, but also democratic rights to express their views on their constitutional future. Pacts are the basis of any political agreement and any federal arrangement requires individual and collective compromises to be respected.

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Jan

2018

Dynamic Federalism

Abstract

Traditional federal theory seems no longer apt to grasp recent evolutions in state structures. By delimiting federal states in terms of defining institutional features, federalism scholars put themselves at the margin rather than the centre of where the action is: fragmenting dynamics in multinational states, secession movements, as well as centralist and decentralist tendencies within the European Union. In a dynamic approach to federalism, all multi-tiered systems are assembled with a common denominator being how they manage tensions between autonomy claims of territorial entities on the one hand, and the need for cohesion or efficiency of the central government on the other. In this approach, qualifying criteria to categorise state structures become mere indicators to rank multi-tiered systems on a gliding scale from the most central to the loosest systems. The ranking is based on three sets of indicators, one measuring autonomy, another measuring cohesion and a third, linking both, measuring participation. The core question examined in this contribution is: which mechanisms in the constitutional system have a centralising or decentralising effect?

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