Policies

Covid-19, the USA and the Generation of Constitutional Conflict

Covid-19, the USA and the Generation of Constitutional Conflict

Abstract

The United States has responded ineffectively to the COVID-19 pandemic, raising questions about the capacity of contemporary American federalism to deal with crises.  This article examines the scope of power granted to the federal government by the U.S. Constitution and the legislative power available to states under state constitutions, concluding that these powers are adequate to deal with the pandemic and other emergencies.  It then considers whether having multiple governments confronting the crisis has precluded a coordinated response.  Although scholars have highlighted cooperative federalism in the United States, cooperation is not automatic, and in recent years American political parties have become more ideologically cohesive and more polarized. Federalism has multiplied the opportunities for these parties to advance their objectives or to frustrate those of their adversaries in the overlapping domains in which both states and the federal government operate. The result has been uncooperative federalism.

 

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Posted by Alan Tarr in Policies, 0 comments
Covid-19 and its Effects on the Federalism Initiative in the Philippines

Covid-19 and its Effects on the Federalism Initiative in the Philippines

Abstract

In the Philippines, the federalist initiative can be categorized as a relatively recent political project. The country has for the longest time adopted a strong central government that led to top-down governance. Critics have long pointed out that such concentration of power has led to the neglect of many areas in the country. The clamour was particularly loud especially from the southern part of the Philippines were a protracted civil war, essentially, arrested the development potential of a resource rich region. Recently, secessionist moves led by Islamic rebel groups have been toned down owing to a peace settlement signed under the administration of President Benigno Aquino III.  The election of President Rodrigo Roa Duterte in 2016 catalyzed the federalist movement in the Philippines. Under his administration, a consultative commission composed of leading public intellectuals was formed to draft a new constitution to replace the 1987 constitution that on paper, categorizes the country as a unitary state. The draft document christened the “Bayanihan” constitution was eventually submitted to Duterte for his consideration and eventual endorsement to the public (President Duterte receives proposed federal constitution of Consultative Committee – Presidential Communications Operations Office, 2020). Curiously, such expected strong support for this landmark document was not forthcoming owing perhaps to conditions which I will outline below.

 

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Posted by Raymund John P. Rosuelo in Policies, 0 comments
Covid-19 and Federalism in India

Covid-19 and Federalism in India

Abstract

The pandemic due to novel corona-virus in the Indian federation is controlled in its initial stage through centralized institutional arrangements with synergistic relationships of all state governments. Public servants and security forces are responsible to enforce lockdowns. These arrangements, in the exit plan, need to gradually give way to the decentralized responsibilities of local governments including panchayats and municipalities. The contagion can only be prevented by changing human attitudes and behaviours. Local governments and community, closest to the residents, are best placed to bring this change and inculcate physical distancing on sustainable basis. Hence, the role of local governments must be prominent, at least, in the Disaster Management Act, 2005.

 

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Posted by V N Alok in Policies, 0 comments
The Federalization of Trade Policy

The Federalization of Trade Policy

Abstract

Sub-federal units increasingly engage in international trade politics, a policy domain that is an exclusive jurisdiction of the federal level in most federations. This article conceptualizes this process as an instance of federalization, that means a shift from a mode of governance in a policy domain previously dominated by the federal level towards a mode where both tiers are simultaneously active. While the federalization of trade policy seems to be a more general trend across federal systems, the patterns of sub-federal participation and, eventually, the power of sub-federal units to shape trade policy differ significantly. Building on insights from a collaborative research project, this article discusses the causes of sub-federal mobilization and how the institutional configuration of federalism affects sub-federal units’ options to influence trade policy agreements. In the final section, the article speculates about the conditions that may reinforce or undermine this trend in the future.

 

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Posted by Jörg Broschek in Policies, 0 comments
Language Policy in India: An Unstable Equilibrium?

Language Policy in India: An Unstable Equilibrium?

Abstract

This article provides a short overview of language policy in India and situates this within a broader comparative perspective. It argues that India successfully managed to defuse linguistic conflict at the time of independence by combining elements of linguistic territoriality with the protection of linguistic minorities (personality) and the retention of English as an associate official link language. However, the article also shows how this ‘Indian’ middle way in language policy is currently being challenged by the rise of Hindi ‘majoritarian’ nationalism and the rise of regional (state) linguistic nationalism in response. 

 

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Posted by Wilfried Swenden in Diversity Management, Policies, 0 comments
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
What Can Cannabis Legalisation Teach Us About Canadian Federalism?

What Can Cannabis Legalisation Teach Us About Canadian Federalism?

Abstract

“Executive”, “Collaborative”, “Court”, “Conflicting” or “Judicial”, Canadian federalism is depicted in eclectic terms in the academic literature. Looking at cannabis legalization in Canada, this article aims to highlight what can be revealed from the policy-making process in a federal system in which a variety of actors and orders of government are involved. It appears from the analysis that there is no hegemony of style in Canadian federalism, but rather intertwined competing dynamics at stake in the making of a single public policy.


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Posted by Maude Benoit and Gabriel Lévesque in Policies, 0 comments
Gender Equality and Federalism

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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Posted by Christine Forster in Policies, 0 comments
‘The whole is other than the sum of its parts’: Cases of Centrifugal Citizenship

‘The whole is other than the sum of its parts’: Cases of Centrifugal Citizenship

Abstract

This piece looks at what happens to citizenship when multilevel polities fall apart. Introducing the notion of ‘centrifugal citizenship’ to describe such cases, it uses the experience of the former Yugoslav republics to show all the possible consequences for individuals from the loss of status and the associated rights. The last section of the piece briefly contextualises such centrifugal citizenship in the debates related to the United Kingdom’s departure from the European Union.

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Posted by Jelena Dzankic in Policies, 0 comments
Linguistic Diversity in Plurinational States

Linguistic Diversity in Plurinational States

Abstract

This article examines the politics of language in plurinational states. First, I argue that the relationship between language and nationhood is politically constructed through two broad processes: state nation-building and ‘peripheral’ activism. Second, I present three broad strategies of territorial management to accommodate the normative and practical issues derived from the politicisation of languages: self-rule, shared rule, and symbolic recognition. Third, I illustrate the discussion drawing on the paradigmatic cases of Catalonia and Flanders.

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Posted by Daniel Cetrà in Policies, 0 comments