Asymmetry

21
Jul
2021

Asymmetrical Federalism and Conflict Management in Cyprus

Abstract

This paper discusses the institutional and normative theory of asymmetrical federalism as it relates to the management of ethnonational diversity in Cyprus, highlighting the need for multinational federalism to accommodate common as well as distinct identities in Cyprus. It is argued that multinational federalism necessitates constitutional asymmetry and that the better adaptation of asymmetric federalism to regulate federal institutions in Cyprus depends on the promotion of a broader understanding of the concepts of “federal separateness” and “federal togetherness.”

 

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Posted by Gülay Umaner-Duba in Case Studies, 0 comments
25
Jan
2021

Asymmetric Federalism and Protection of Indigenous Peoples: The Case of Sabah and Sarawak in Malaysian Federalism

Abstract

In Malaysia, federalism is not in general designed to deal with the problem of ethnic differences. Sabah and Sarawak, on the island of Borneo, are, however, exceptions, as their identity largely reflects the indigenous people of those states. Having been admitted to the federation to form Malaysia in 1963, these states have extra constitutional powers and guarantees compared to the other 11 states of Malaysia. However, over the last six decades the autonomy guaranteed to them has been eroded by political interference, and there is a strong resentment of the federal system as it is, based on the federation’s failure, in the eyes of many Sabahans and Sarawakians, to honour the terms of the original agreement, or to respect the land rights and interests of the indigenous people. This paper argues that, despite constitutional safeguards and asymmetric powers, the autonomy of these states has not been protected.

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Posted by Andrew Harding in Case Studies, 0 comments
09
Apr
2018
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