Federation

Second Chambers In Federal States

Second Chambers In Federal States

Abstract

Second chambers have a long history and were re-designed for the purposes of federalism with the invention of the US Senate. Today, almost all federal parliaments have a bicameral structure in order to allow the constituent units to exercise shared rule. The composition and selection of federal second chambers varies very much, though: the constituent units are either represented equally or by different numbers of delegates, who are, in most cases, either appointed or elected directly or indirectly. The core function of federal second chambers relates to legislation, even though not all of them are responsible for a full range of legislative matters or other legislative functions than just (suspensive or absolute) veto powers; in some cases, they also exercise non-legislative functions. Many federal second chambers are criticized for their political inefficiency and non-representation of constituent interests. It is doubtful, however, whether they could be replaced by an alternative mechanism.

 

Continue reading →

Posted by Anna Gamper in Theory, 0 comments
Catalonia and Spain’s Constitutional Crisis: Time for a Federal Solution?

Catalonia and Spain’s Constitutional Crisis: Time for a Federal Solution?

Abstract

This contribution describes how a Catalan bid for more autonomy and for national recognition miscarried in 2010 after long negotiations. In this process, the major part of Catalan nationalism turned towards independence. We follow the different steps that led to the show-down in October 2017, with the failed declaration of independence and the temporary suspension of Catalan autonomy. New elections in Catalonia and in Spain have been of no use to get out of the quandary. While federal solutions if combined with a constitutional recognition of Spain’s plurinational character might be highly advisable to accommodate minority nations like Catalonia and to combine democracy and constitutionalism, fragmented party systems and minority governments on both sides make the necessary constitutional amendments even more improbable than ever.

 

Continue reading →

Posted by Klaus-Jürgen Nagel in Case Studies, Diversity Management, 0 comments
South Africa’s Quest for Power-Sharing

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.

 

Continue reading →

Posted by Fabrizio E. Crameri in Case Studies, 0 comments
Solomon Islands: A Federation that Never Was

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.

 

Continue reading →

Posted by Jon Fraenkel in Case Studies, 0 comments
Unitarization of Federation: A Path to Stability? – The Contemporary Russian Case

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 20th 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.

 

Continue reading →

Posted by Elena A. Kremyanskaya in Case Studies, 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. 

 

Continue reading →

Posted by Wilfried Swenden in Diversity Management, Policies, 0 comments
Federalism in Germany: The View from Below

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.

 

Continue reading →

Posted by Wolfgang Renzsch in Case Studies, 0 comments
Intergovernmental Councils and the Stability of Federal Systems

Intergovernmental Councils and the Stability of Federal Systems

Abstract

Intergovernmental councils not only increase the effectiveness and efficiency of public policy-making, they can also contribute to federal stability. Regular meetings of members of governments shape the way federal systems deal with the increasingly interdependent relationship between the governments of a federation. When policy problems cut across jurisdictions, governments’ autonomy is at stake. Looking at examples of major reforms of fiscal policy in Australia, Canada, Germany, and Switzerland, this article identifies the conditions under which intergovernmental councils protect governments’ authority, discretion, and resources so as to avoid federal tensions. Federal governments, in particular, have been eager to get involved in many policy areas for which the constituent units are responsible. Hence, the extent to which intergovernmental councils contribute to the stability of today’s federations ultimately depends on their ability to make the federal government agree on joint solutions with the federated entities.

 

Continue reading →

Posted by Johanna Schnabel in Theory, 0 comments
Rebalancing Federal Citizenship in Canada

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.

 

Continue reading →

Posted by James Bickerton in Case Studies, 0 comments
Measuring Federalism and Decentralisation

Measuring Federalism and Decentralisation

Abstract

In this article I argue that federal scholars are well-advised to think of federalism as a continuum whereby subnational units can have more or less autonomy rather than allocating countries into federal and non-federal categories. The Regional Authority Index (RAI) measures the extent of self-rule and shared rule of regional government on an annual basis since 1950 and it reveals that regional autonomy arrangements in federal countries are more likely to be affected by reform than non-federal countries. In addition, self-rule appears to be the object of decentralization in non-federal countries whereas decentralization in federal countries has mostly affected shared rule. These are surprising results which come to the fore only when one escapes categorical thinking. The RAI also changes the way in which we think about the impacts of regional governance and thereby a whole new research agenda is being opened up.

 

Continue reading →

Posted by Arjan H. Schakel in Theory, 0 comments