Rethinking Federalism

Federalism is at once a set of institutions -- the division of public authority between two or more constitutionally defined orders of government -- and a set of ideas which underpin such institutions. As an idea, federalism points us to issues such as shared and divided sovereignty, multiple loyalties and identities, and governance through multi-level institutions. Seen in this more complex way, federalism is deeply relevant to a wide range of issues facing contemporary societies. Global forces -- economic and social -- are forcing a rethinking of the role of the central state, with power and authority diffusing both downwards to local and state institutions and upwards to supranational bodies. Economic restructuring is altering relationships within countries, as well as the relationships of countries with each other. At a societal level, the recent growth of ethnic and regional nationalisms -- most dramatically in Eastern Europe and the former Soviet Union, but also in many other countries in western Europe and North America -- is forcing a rethinking of the relationship between state and nation, and of the meaning and content of 'citizenship.' Rethinking Federalism explores the power and relevance of federalism in the contemporary world, and provides a wide-ranging assessment of its strengths, weaknesses, and potential in a variety of contexts. Interdisciplinary in its approach, it brings together leading scholars from law, economics, sociology, and political science, many of whom draw on their own extensive involvement in the public policy process. Among the contributors, each writing with the authority of experience, are Tommaso Padoa-Schioppa and Jacques Pelkmans on the European Union, Paul Chartrand on Aboriginal rights, Samuel Beer on North American federalism, Alan Cairns on identity, and Vsevolod Vasiliev on citizenship after the breakup of the Soviet Union. The themes refracted through these different disciplines and political perspectives include nationalism, minority protection, representation, and economic integration. The message throughout this volume is that federalism is not enough -- rights protection and representation are also of fundamental importance in designing multi-level governments.

This study describes the history and the current operation of the federal grant system and suggests model provisions for legislation authorizing block grants. It also describes the political consequences of the Reagan proposals, particularly the challenge these proposals present to special interest groups and to congressional working arrangements and relationships. The concluding chapter presents a framework for a broader revision of responsibilities. The federal government would assume policy and financial responsibility for the welfare system and for the provision of national health insurance. At the same time, it would transfer to state and local governments programs such as education, transportation, community and economic development, social services, law enforcement, and the environment.

The most extensive analysis of the institutions of executive federalism and intergovernmental relations since the Macdonald Royal Commission on the Economic Union and Development Prospects for Canada.

The Global Promise of Federalism honours the life and work of Richard Simeon, one of Canada’s foremost experts on federalism. It features a group of distinguished scholars of federalism from Canada and abroad who take up some of the fundamental questions at the heart of both Simeon’s work and contemporary debates. Does federalism foster democracy? Can it help bring together divided societies? How do federations evolve and adapt to changing circumstances? In the course of answering these questions, the chapters in this collection offer a comparative perspective on the challenges and opportunities facing well-established federations such as Canada and Australia, as well as new federal and quasi-federal systems in Europe, Africa, and Asia. They examine the interplay between federal values, such as trust and mutual recognition, and institutional design; the challenges facing post-conflict federations; and the adaptability of federal systems in the face of changing social, economic, and cultural contexts.

The decline of statism as the world's dominant ideology has ignited a fierce debate over the evolving shape and power of federalism in global society. The popular demand for devolution has shifted the locus of power from national government to smaller regional units and heralded the reconceptualization of international law away from the idea of sovereignty, toward one of jurisdiction. This timely set of essays studies the impact wrought by these centrifugal forces across Europe, Africa, and the Americas, and analyzes the latest movements for constitutional change, self-determination, and separation. Comparative Federalism in the Devolution Era offers political scientists and legal scholars a new perspective on the diverse nature and exercise of postmodern federalism, and the continuing struggle between differing views of the national-local relationship.

Governance of the federation is more complex today than ever before: perennial issues of federalism remain unresolved, conflicts continue over the legitimacy of federal spending power, and the accommodation of Quebec nationalism and Aboriginal self-government within the federation is a persistent and precarious concern.From discussions on democracy and distinctiveness to explorations of self-governance and power imbalances, Constructing Tomorrow’s Federalism tests assertions from scholars and practitioners on the legitimacy and future of the state of the federation. In this broad collection of essays, fifteen scholars and political leaders identify options for the future governance of Canada and contribute to a renewed civic discourse on what it means to govern ourselves as a liberal democracy and a multinational federation.

This book explores new avenues of international research in comparative federal studies. It re-examines the conceptual tools and methodologies for understanding federal systems, and the role of comparative federalism in the dissemination and implementation of federal concepts. It highlights the influence of comparative federalism on constitution-making as well as constitutional reforms. The volume provides innovative and pragmatic perspectives from both the Global North and the Global South, with case studies drawn from established federations such as India, Canada, Australia, and Austria, and emerging federal systems such as Italy and South Africa. Advocating a combined approach that integrates modern and traditional theoretical routes with practical insights and contemporary analyses, it discusses the issues of multilevel elections and federal governance; coalition governments and multiparty democracy in parliamentary federal systems, such as India; minority empowerment; gender budgeting; self-governance; multinational federalism; unitary states; the nation-state; and degenerating federalism. It also breaks new ground by looking at federalism from a gender perspective and deals with tools for measuring fiscal responsibility, and a social and cultural index. A tribute to the intellectual legacy of Ronald L. Watts, this volume will be useful to scholars and researchers of political science, federalism, comparative federal studies, political studies, comparative politics, governance, public administration and law, development studies, South Asian studies, and Global South and North studies as well policymakers, international government bodies, research institutes, development experts, and other organisations working in the area.

The European Union - a supranational system with its own institutional characteristics and autonomy - has a structure and functional logic which are more similar to those of the US than those of European nation states. Yet, by and large, the EU and the US tend to be analyzed more as potential geopolitical and economic rivals or allies than compared as institutional peers. By bringing together some of the most influential political scientists and historians to compare the European and American experiences of federalism, Democracy and Federalism in the European Union and the United States explores the future development, and seeks a better understanding, of a post-national European Union democracy. This book consists of three core parts: how the EU has developed and the implications of the process of European federalization the features of American federalism, tracing the intellectual debate that led to the approval of the American federal constitution in 1787 the future of European Union. This is essential reading for all students of European politics, democracy and international relations.

How federalism can be used to provide recognition and accommodate ethnic groups is an important topic, not only in Africa, but in multi-ethnic communities around the world. Examining how institutions of multi-ethnic states have been designed to accommodate ethnic diversity while at the same time maintaining national unity, this book locates institutional responses to the challenges of ethnic diversity within the context of a federal arrangement. It examines how a federal arrangement has been used to reconcile the conflicting pressures of the demand for the recognition of distinctive identities, on the one hand, and the promotion of political and territorial integrity, on the other. Comparative case studies of South Africa and Ethiopia as the two federal systems provide a contrasting approach to issues of ethnic diversity. Suggesting new ways in which federalism might work, the author identifies key institutions lessons which will help to build an all-inclusive society.

If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.

Co-management boards, established under comprehensive land claims agreements, have become key players in land-use planning, wildlife management, and environmental regulation across Canada’s North. This book provides a detailed account of the operation and effectiveness of these boards while addressing a central question: Have they been successful in ensuring substantial Indigenous involvement in policies affecting the land and wildlife in their traditional territories? While identifying constraints on the role Northern Indigenous peoples play in board processes, Graham White finds that overall they exercise extensive decision-making influence. These findings are provocative and offer valuable insights into our understanding of the importance of land claims boards and the role they play in the evolution of treaty federalism in Canada.

China has become an undisputed global phenomenon, yet twenty-five years ago, its remarkable accomplishments were largely unforeseen. In an ambitious effort to predict China's coming decades, this book explores not only the economic development that has been a key indicator of its success but the often veiled political, social, and international determinants that will be crucial. Leading scholars draw on their years of experience and on-the-ground understanding of current trends to make informed estimates of China's path, positing that its future may well hold neither threat nor collapse. All of the contributors provide a set of scenarios and order them in terms of likelihood, including the seven factors they have identified as central to charting China's future: the Communist Party, local electoral reforms and rule of law, the federalist possibility, social unrest, foreign policy orientations, Sino-American relations, and the Taiwan conundrum. This book is a must-read for anyone who wants to understand China as it rises in power on the world stage. Contributions by: Jean-Pierre Cabestan, Jae Ho Chung, Bruce J. Dickson, Peter Hays Gries, Tao-chiu Lam, Yawei Liu, Gilbert Rozman, and Shiping Tang

Small islands often enjoy a distinct juridical personality. Many, whether fully sovereign or not, successfully deploy this "gift of jurisdiction" to economic advantage, offsetting the potentially adverse effects of smallness, isolation and peripherality. These legal powers, reflected in supportive policy and culture, are themselves key economic resources in a development strategy. Globalization can be richly asymmetrical, offering lucrative opportunities for differentiation and nice strategies for small island jurisdictions. This book documents such lessons from a most unlikely group of North Atlantic Islands.

Beyond Autonomy forces readers to rethink the purpose of autonomy as a central organising pillar of federalism asking how modern federalism can be reimagined in the 21st Century.

The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come.

Federalism is one of the most influential concepts in modern political discourse as well as the focus of immense controversy resulting from the lack of a single coherent definition. Malcolm M. Feeley and Edward Rubin expose the ambiguities of modern federalism, offering a powerful but generous treatise on the modern salience of the term. “Malcolm Feeley and Edward Rubin have published an excellent book.” —Sanford Levinson, University of Texas at Austin “At last, an insightful examination of federalism stripped of its romance. An absolutely splendid book, rigorous but still accessible.” —Larry Yackle, Boston University “Professors Feeley and Rubin clearly define what is and is not federal system. This book should be required for serious students of comparative government and American government.” —G. Ross Stephens, University of Missouri, Kansas City “Feeley and Rubin have written a brilliant book that looks at federalism from many different perspectives—historical, political, and constitutional. Significantly expanding on their earlier pathbreaking work, they have explained the need for a theory of federalism and provided one. This is a must read book for all who are interested in the Constitution.” —Erwin Chemerinsky, Duke University School of Law

This encyclopedia includes entries on the concepts, issues and theories starting with alphabets D to K that define public policymaking, evaluation, management and implementation. It also includes entries on the individuals, commissions and organizations that have contributed to these fields.

"Racism, Eh? is the first publication that examines racism within the broad Canadian context. This anthology brings together some of the visionaries who are seeking to illuminate the topics of race and racism in Canada through the analysis of historical and contemporary issues, which address race and racism as both material and psychic phenomena. Fundamentally interdisciplinary in nature, this text will be an invaluable resource for undergraduate and graduate students, academics studying or practicing within the Humanities and the Social Sciences, and anyone seeking information on what has been a little explored and poorly understood Canadian issue."--pub. desc.

A new examination of contemporary federalism and federation, which delivers a detailed theoretical study underpinned by fresh case studies. It is grounded in a clear distinction between 'federations', particular kinds of states, and 'federalism', the thinking that drives and promotes them. It also details the origins, formation, evolution and operations of federal political interests, through an authoritative series of chapters that: analyze the conceptual bases of federalism and federation through the evolution of the intellectual debate on federalism; the American Federal experience; the origins of federal states; and the relationship between state-building and national integration explore comparative federalism and federation by looking at five main pathways into comparative analysis with empirical studies on the US, Canada, Australia, India, Malaysia, Belgium, Germany, Austria, Switzerland and the EU explore the pathology of federations, looking at failures and successes, the impact of globalization. The final chapter also presents a definitive assessment of federal theory. This book will be of great interest to students and researchers of federalism, devolution, comparative politics and government.