Multinational Federalism

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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May

2020

Nation-building in a Multinational State: Between Majority and Minority Aspirations

Abstract

Given the existence of distinct communities with different and often contradictory aspirations, multinational states are used to witnessing some rivalry between the majority and the minority groups. This contribution explores the nation-building dynamics in this context, with a particular focus on the majority group’s rhetoric. In this regard, the dominant nationalism identifies the status quo and the official symbols of the state as neutral, therefore accusing the nation-building efforts of the minority as partisan and divisive. Nevertheless, we know that both are trying to “nationalise” its citizens and gain support for their own nationalist cause. Drawing on the case of Spain to illustrate these remarks, I argue that the acknowledgement of this reality is the first step to settle a constitutional framework where both nationalisms can flourish and coexist.

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Mar

2019

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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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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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

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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Dec

2017

Nigeria: A Federation in Search of Federalism

Abstract

This article argues that the Nigerian federation epitomises an incomplete federal arrangement. The feelings of marginalisation, which had been suppressed during the military era are fully expressed by ethno-regional groups in the post-military era and these feelings finds expression in the potent agitation for a more functional federal system. The Nigerian political elites have at different times attempted to grapple with the imperfections inherent in the country’s federal system by putting in place a range of distributive and structural mechanisms but the increasing agitation for “true federalism” indicates that the governmental system is defective and in serious need of some bold political reform.

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Nov

2017

Multinational Federalism: How to Measure A ‘Federal Deficit’?

Abstract

Multinational (quasi)federations are polities that hold together at least two constituent national partners. Unlike sovereign or majoritarian nations, minority nations that evolve in such federations usually cannot fully empower their societal cultures exclusively with their own autonomous will and institutions. We argue that such inability can lead to a more or less prominent multinational federalism deficit. Indeed, the less a multinational (quasi)federation enables its minority nation(s) to develop and consolidate their respective societal culture, the more likely it is to display such deficit, and vice-versa. But how can we measure such a deficit? We identify six legally oriented pillars that are central for a minority nation to sustain its societal culture. Those pillars, which we operationalise through twelve indicators, form the building blocks of the Societal Culture Index. The Index allows measuring and comparing minority nations by combining normative studies and empirical research.

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Nov

2017

‘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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Oct

2017

Is Spain a Federal Country?

Abstract

In this contribution we examine the federal characteristics of the Spanish case. Having initiated a process of political decentralisation as an integral pillar of the democratic transition, it is often posited that Spain is a federation, or quasi-federal country. Employing a comparative perspective this article argues that while Spain shares some federal features, many core elements are absent in the Spanish case.

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