Case Studies

Nov

2019

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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Oct

2019

Solomon Islands: A Federation that Never Was

Abstract

The Solomon Islands has struggled with issues of decentralisation and devolution ever since independence, but so far steered clear of embracing a federal constitution. Aspirations for ‘state government’ were complicated by the arrival of an Australian-led intervention mission over 2003-17, but a federal model also poses acute dilemmas for the country’s political elite. The Solomon Islands has become a state that repeatedly disavows its unitary form of government but so far without enacting any of the many iterations of its draft federal constitution.

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Sep

2019

Unitarization of Federation: A Path to Stability? – The Contemporary Russian Case

Abstract

Federation and federalism are not equal categories. Sometimes federation is very formal with the absence of federalism, but flowering unitarism. Such form can be a result of the intention to provide more stability and security to the state, but where is the border which ensures the equilibrium in consideration of regional interests and rights and at the same time with paying respect to federal powers? This contribution analyses the implications of federalism and unitarism in a federal state on issues of stability and security using the example of contemporary Russia. The author reveals two major stages of contemporary federal development in Russia: one with huge decentralization, which led to cracked stability of the federal state at the end of the 20^th century, and unitarization of the federation as the next step aiming to stabilize federation as the modern stage. This contribution concludes that what is important to understand is the border, where the level of unitarism is still acceptable in such a type of community in order not to lose control and equilibrium and finally to ensure stability and security.

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Jun

2019

Federalism in Germany: The View from Below

Abstract

There is hardly something that could be called “federal spirit” in Germany. Mostly, the German citizens have little knowledge about which jurisdiction is in charge of what. If things do not work well – like schooling in most of the Länder currently – politicians suggest, and citizens ask for centralized solutions. The roots of this apathy towards the federal order can be found in the formation of the German Empire of 1871: The agreement was that the German states (since 1919: Länder) wanted common federal regulations with their consent but the implementation was to remain in their hands. This concept is valid until today. The Basic Law stipulates: “The Länder shall execute federal laws in their own right …” Still today we have a cleavage between the “Prussian” Protest North and East and the Catholic South. This cleavage is underpinned today by an economic cleavage, the South is more prosperous and richer than the North and in particular the East. Therefore, the North and the East has a stronger leaning towards the federal government while the South argues for more independence and mot autonomy for the Länder.

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May

2019

Rebalancing Federal Citizenship in Canada

Abstract

In multinational federations, tensions around national identities, rights and entitlements, and power-sharing arrangements are endemic and never finally resolved. In Canada, simultaneous constitutional and fiscal crises in the 1990s brought into question the legitimacy of the ‘federal bargain’ at the core of the citizenship regime. The federal government’s response was to introduce a number of institutional, programmatic, fiscal and symbolic reforms that adjusted the delicate balance between national unity and the accommodation of diversity. This pragmatic political vision, replete with certain asymmetries and ambiguities, enabled Canada to rebuild and rebalance its way to its own unique shade of federalism.

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Apr

2019

The Three Shades of American Federalism

Abstract

Donald Trump is a transgressive president elected by a minority of voters but elevated to the White House by a quintessential institution of American federalism, the Electoral College. However, the federal system otherwise poses significant barriers to transgressive behaviour because it is a complex mix of dualism, intergovernmental cooperation, and national coercion. The system’s constitutional dualism allows space for autonomous state policy-making. The system’s rule-bound and bureaucratic structures of intergovernmental policy implementation limit the ability of one president to substantially alter this cooperative dimension of the system. The long-run trend, though, is toward greater centralization and federal government coercion of state and local governments.

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Feb

2019

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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Feb

2019

What Does the EU tell us about Federalism?

Abstract

The link between federalism and the EU has been widely explored from the perspective of structural, definitional elements. Rather than looking at the impact of federalism on the EU, this paper looks at what the EU tells us about contemporary federalism. It is contended that the most significant contribution of the EU to the theory and practice of federalism is the key role of asymmetry. In the EU, like in other contemporary manifestations of federalism, asymmetry is the backbone of the functioning of the relations between the tiers of government, a structural rather than an accidental element of today’s federalism.

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Jan

2019

Is there a Federal Solution to the UK’s Constitutional Conundrum?

Abstract

Federalism in the UK has long had promoters and detractors: a radical but fitting solution to the UK’s asymmetry or a European plot to infiltrate the historic British tradition of parliamentary sovereignty? In the last two decades, with the advent of devolution, the extension of European influence through the European Convention on Human Rights (ECHR) and the Eurozone, the devolution of further powers, the Scottish independence referendum, and the decision to leave the European Union, constitutional questions have been to the fore of UK politics. For some, this means federalism’s time has come – though for others it remains unworkable in the UK’s complex constitutional setting. This article explores why federalism remains an idea – albeit a minority one – which maintains interest among UK politicians, and concludes that the problems levelled against a federal UK continue to be unsurmountable.

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Oct

2018

The Pleasant Greyness of Australian Federalism

Abstract

This article provides an overview of Australian federalism, describing its origins, design, features, evolution, and issues. Its central theme is the way that, in the notable absence of a ‘federal society’, a system that was decentralised in design and intent has given way to one much more centralised in practice. The issues that plague Australian federalism are the practical ones of fiscal federalism and intergovernmental relations.

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