Autonomism and Federalism
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Federal Systems and Accommodation of Distinct Groups: a Comparative Survey of Institutional Arrangements for Aboriginal Peoples
1 arrangements within other federations will focus FEDERAL SYSTEMS AND on provisions for constitutional recognition of ACCOMMODATION OF DISTINCT Aboriginal Peoples, arrangements for Aboriginal GROUPS: A COMPARATIVE SURVEY self-government (including whether these take OF INSTITUTIONAL the form of a constitutional order of government ARRANGEMENTS FOR ABORIGINAL or embody other institutionalized arrangements), the responsibilities assigned to federal and state PEOPLES1 or provincial governments for Aboriginal peoples, and special arrangements for Ronald L. Watts representation of Aboriginal peoples in federal Institute of Intergovernmental Relations and state or provincial institutions if any. Queen's University Kingston, Ontario The paper is therefore divided into five parts: (1) the introduction setting out the scope of the paper, the value of comparative analysis, and the 1. INTRODUCTION basic concepts that will be used; (2) an examination of the utility of the federal concept (1) Purpose, relevance and scope of this for accommodating distinct groups and hence the study particular interests and concerns of Aboriginal peoples; (3) the range of variations among federal The objective of this study is to survey the systems which may facilitate the accommodation applicability of federal theory and practice for of distinct groups and hence Aboriginal peoples; accommodating the interests and concerns of (4) an overview of the actual arrangements for distinct groups within a political system, and Aboriginal populations existing in federations -
Subnational Constitutionalism in Spain
SUBNATIONAL CONSTITUTIONALISM IN SPAIN Luis Moreno∗ The Kingdom of Spain is a compound national State that incorporates various degrees of internal ethnoterritorial plurality comprising a total population of around 40 million inhabitants. After a long hyper-centralist dictatorship (1939-75), a peaceful transition to democracy (1975-79), and an active European involvement following its accession to the EEC/EU (1986), Spain has undergone a deep process of administrative and political decentralization, which has aimed at providing internal territorial accommodation by combining both federal principles of self-rule and, to a lesser degree, shared rule. 1. Devolutionary federalism The Spanish 1978 Constitution1 does not include the word “federal” in any of its provisions, or in any subsequent legislation. It recognizes and guarantees the right to self-government of the nationalities and regions of which it is composed and the solidarity among them all. Since the beginning of the 1980s the dynamics of the Estado de las Autonomías (State of Autonomies) are characterized by a latent federalization, and have followed a ‘top-down’ process of decentralization. The main features of the process of home-rule-all-round in Spain concord with those of devolutionary federalism. They also follow the federative criterion that legitimacy of each autonomous layer of government is constitutionally guaranteed. Thus, Spain is a democracy where two tiers of government --central and regional-- enjoy constitutionally separate powers and representative parliamentary institutions. 2. Subnational units ∗ Senior Research Fellow, Spanish National Research Council (CSIC), www.iesam.csic.es; [email protected]. 1 In the popular referendum held on 6 December 1978, the Spanish Carta Magna received 87.9% ‘yes’ votes, 7.8% ‘no’ votes, and 4.3% null or blank votes. -
A Political Companion to Henry David Thoreau
University of Kentucky UKnowledge Literature in English, North America English Language and Literature 6-11-2009 A Political Companion to Henry David Thoreau Jack Turner University of Washington Click here to let us know how access to this document benefits ou.y Thanks to the University of Kentucky Libraries and the University Press of Kentucky, this book is freely available to current faculty, students, and staff at the University of Kentucky. Find other University of Kentucky Books at uknowledge.uky.edu/upk. For more information, please contact UKnowledge at [email protected]. Recommended Citation Turner, Jack, "A Political Companion to Henry David Thoreau" (2009). Literature in English, North America. 70. https://uknowledge.uky.edu/upk_english_language_and_literature_north_america/70 A Political Companion to Henr y David Thoreau POLITIcaL COMpaNIONS TO GREat AMERIcaN AUthORS Series Editor: Patrick J. Deneen, Georgetown University The Political Companions to Great American Authors series illuminates the complex political thought of the nation’s most celebrated writers from the founding era to the present. The goals of the series are to demonstrate how American political thought is understood and represented by great Ameri- can writers and to describe how our polity’s understanding of fundamental principles such as democracy, equality, freedom, toleration, and fraternity has been influenced by these canonical authors. The series features a broad spectrum of political theorists, philoso- phers, and literary critics and scholars whose work examines classic authors and seeks to explain their continuing influence on American political, social, intellectual, and cultural life. This series reappraises esteemed American authors and evaluates their writings as lasting works of art that continue to inform and guide the American democratic experiment. -
The Meaning of the Federalist Papers
English-Language Arts: Operational Lesson Title: The Meaning of the Federalist Papers Enduring Understanding: Equality is necessary for democracy to thrive. Essential Question: How did the constitutional system described in The Federalist Papers contribute to our national ideas about equality? Lesson Overview This two-part lesson explores the Federalist Papers. First, students engage in a discussion about how they get information about current issues. Next, they read a short history of the Federalist Papers and work in small groups to closely examine the text. Then, student pairs analyze primary source manuscripts concerning the Federalist Papers and relate these documents to what they have already learned. In an optional interactive activity, students now work in small groups to research a Federalist or Anti-Federalist and role-play this person in a classroom debate on the adoption of the Constitution. Extended writing and primary source activities follow that allow students to use their understanding of the history and significance of the Federalist Papers. Lesson Objectives Students will be able to: • Explain arguments for the necessity of a Constitution and a bill of rights. • Define democracy and republic and explain James Madison’s use of these terms. • Describe the political philosophy underpinning the Constitution as specified in the Federalist Papers using primary source examples. • Discuss and defend the ideas of the leading Federalists and Anti-Federalists on several issues in a classroom role-play debate. (Optional Activity) • Develop critical thinking, writing skills, and facility with textual evidence by examining the strengths of either Federalism or Anti-Federalism. (Optional/Extended Activities) • Use both research skills and creative writing techniques to draft a dialogue between two contemporary figures that reflects differences in Federalist and Anti-Federalist philosophies. -
Efficiency in the Multinational Federal Republic
www.ssoar.info Efficiency in the multinational federal republic Gregoire, Jean-Francois Veröffentlichungsversion / Published Version Zeitschriftenartikel / journal article Empfohlene Zitierung / Suggested Citation: Gregoire, J.-F. (2014). Efficiency in the multinational federal republic. Federal Governance, 11(1), 24-40. https://nbn- resolving.org/urn:nbn:de:0168-ssoar-440899 Nutzungsbedingungen: Terms of use: Dieser Text wird unter einer Basic Digital Peer Publishing-Lizenz This document is made available under a Basic Digital Peer zur Verfügung gestellt. Nähere Auskünfte zu den DiPP-Lizenzen Publishing Licence. For more Information see: finden Sie hier: http://www.dipp.nrw.de/lizenzen/dppl/service/dppl/ http://www.dipp.nrw.de/lizenzen/dppl/service/dppl/ Efficiency in the Multinational Federal Republic by Jean-François Grégoire KU Leuven Email: [email protected] Abstract: In this paper, I address the division of competences and the self- determination of stateless political communities in a less parochial and more holistic way than they have been addressed within political philosophy. To do so, I will attempt to clarify the meaning of Pareto efficiency principle, which stipulates roughly that the well-being of one individual cannot be improved at the expense of another. As I go along, I will try to show how the approach adopted here is distinct from the redistributive and libertarian views. I will argue that liberal philosophers who have discussed redistribution and fiscal federalism have been guilty of approaching these issues through statist and redistributive paradigms inherited from Rawls and his theory of justice (1971). As the capacity of regions to effectively pursue justice depends not only on the ‘basic structure’ of federations, but also on external factors of which many are encompassed by the term ‘globalization’, sub-units need federalism to divide competences in a way that gives them the means to be efficient in delivering public goods and services to their constituencies. -
Courts and Consociations, Or How Human Rights Courts May De-Stabilize Power-Sharing
The European Journal of International Law Vol. 24 no. 2 © The Author, 2013. Published by Oxford University Press on behalf of EJIL Ltd. All rights reserved. For Permissions, please email: [email protected] Courts and Consociations, or How Human Rights Courts May De-stabilize Power-sharing Settlements Downloaded from Christopher McCrudden and Brendan O’Leary* http://ejil.oxfordjournals.org/ Abstract We consider the use of consociational arrangements to manage ethno-nationalist, ethno- linguistic, and ethno-religious conflicts, and their compatibility with non-discrimination and equality norms. Key questions include to what extent, if any, consociations conflict with the dictates of global justice and the liberal individualist preferences of international human at Columbia University Libraries on June 27, 2013 rights institutions, and to what extent consociational power-sharing may be justified to pre- serve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational prac- tices, twice in Belgium and, most recently, in Sejdić and Finci, concerning the constitutional arrangements established for Bosnia Herzegovina under the Dayton Agreement. The Court’s recent decision in Sejdić and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in the Belgian cases. We seek to account for this change and assess its implications. We identify problematic aspects of the judgment and conclude that, although the Court’s decision indicates one possible trajectory of human rights courts’ reactions to consociations, this would be an unfortunate development because it leaves future negotiators in places riven by potential or manifest bloody ethnic conflicts with consid- erably less flexibility in reaching a settlement. -
Political Issues of Paradiplomacy: Lessons from the Developed World
DISCUSSION PAPERS IN DIPLOMACY Political Issues of Paradiplomacy: Lessons from the Developed World André Lecours Netherlands Institute of International Relations ‘Clingendael’ ISSN 1569-2981 DISCUSSION PAPERS IN DIPLOMACY Editors: Virginie Duthoit & Ellen Huijgh, Netherlands Institute of International Relations ‘Clingendael’ Managing Editor: Jan Melissen, Netherlands Institute of International Relations ‘Clingendael’ and Antwerp University Desk top publishing: Desiree Davidse Editorial Board Geoff Berridge, University of Leicester Rik Coolsaet, University of Ghent Erik Goldstein, Boston University Alan Henrikson, Tufts University Donna Lee, Birmingham University Spencer Mawby, University of Nottingham Paul Sharp, University of Minnesota Duluth Copyright Notice © André Lecours, December 2008 All rights reserved. No reproduction, copy, or transmission of this publication, or part thereof in excess of one paragraph (other than as a PDF file at the discretion of the Netherlands Institute of International Relations ‘Clingendael’) may be made without the written permission of the author. ABSTRACT Regional governments can be international actors. This phenomenon of regional governments developing international relations, often called ‘paradiplomacy,’ has been most visible in Western industrialized liberal- democracies. In thinking about paradiplomacy in developing and post- communist countries, considering the experience of regions such as Quebec, Catalonia, the Basque Country, Flanders and Wallonia could be instructive for understanding the logic of this activity, highlighting key choices that need to be made, and pointing out potential challenges stemming from the development by sub-state units of international relations. This paper begins by distinguishing between three layers of paradiplomacy and makes the argument that paradiplomacy can be a multifunctional vehicle for the promotion of interests and identity. It then discusses the various choices that have to be made when developing a paradiplomacy, including designing new structures and selecting partners. -
Redefining Federalism NEWS&ANALYSIS
Copyright © 2005 Environmental Law Institute®, Washington, DC. reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. 7-2005 35 ELR 10445 ELRNEWS&ANALYSIS Redefining Federalism by Douglas T. Kendall Editors’ Summary: Federalism has become a highly politicized term in envi- ronmental law, with some parties having adopted the term to signify an ideol- ogy of devolving federal authority over environmental protection back to the states. In this Article, the author argues that from the states’ perspective, the U.S. Supreme Court is using federalism both 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 limit- ing state experimentation. By listening more carefully to the states, the author argues that the 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. n its current iteration, the U.S. Supreme Court’s federal- important state environmental initiatives despite consider- Iism jurisprudence presents a serious threat to environ- able ambiguity about the intent of Congress. mental protection. The Court’s efforts to reestablish This pattern of rulings suggests the Court is adopting a formalistic limits on the U.S. Congress’ power under the form of “libertarian federalism” in striking down environ- Commerce Clause in United States v. Lopez1 and Morrison mental protections at the federal, state, and local level. As- v. United States2 has led to a flurry of claims that Congress cending in concert with the Court’s jurisprudence has been has exceeded its regulatory authority in protecting sin- an effort by the libertarian right—comprised of grass-roots gle-state species under the Endangered Species Act (ESA)3 organizers such as Grover Norquist, legal activists such as and isolated waters and wetlands under the Clean Water Act Michael Greve, and legal scholars such as Prof. -
Executive Order 13132 of August 4, 1999
43255 Federal Register Presidential Documents Vol. 64, No. 153 Tuesday, August 10, 1999 Title 3Ð Executive Order 13132 of August 4, 1999 The President Federalism By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to guarantee the division of governmental responsibilities between the national government and the States that was intended by the Framers of the Constitution, to ensure that the principles of federalism established by the Framers guide the execu- tive departments and agencies in the formulation and implementation of policies, and to further the policies of the Unfunded Mandates Reform Act, it is hereby ordered as follows: Section 1. Definitions. For purposes of this order: (a) ``Policies that have federalism implications'' refers to regulations, legis- lative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. (b) ``State'' or ``States'' refer to the States of the United States of America, individually or collectively, and, where relevant, to State governments, in- cluding units of local government and other political subdivisions established by the States. (c) ``Agency'' means any authority of the United States that is an ``agency'' under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). (d) ``State and local officials'' means elected officials of State and local governments or their representative national organizations. -
Separation of Powers: a Primer
7/6/2015 www.washingtontimes.com/news/2015/jul/5/celebratelibertymonthseparationofpowersapri/print/ You are currently viewing the printable version of this article, to return to the normal page, please click here. Separation of powers: A primer By Ryan J. Watson and James M. Burnham - - Sunday, July 5, 2015 Constitutional concepts like free speech or the right to bear arms are ingrained in our popular culture, but just 36% of Americans can name all three branches of the federal government.1 Even fewer understand why and how our Constitution allocates power among the Legislative, Executive, and Judicial branches. As we celebrate Liberty Month, it is worthwhile to review how the Constitution's separation of powers supplies a key bulwark protecting individual liberty in the world's most successful Republic. The Founders were familiar with human nature and the correlative tendency of every ruler towards tyranny. They had experienced oppression at the hands of the English King and realized that the only way to truly protect individual liberty was to limit the power of any single government official. James Madison, a central architect of the Constitution, rightly observed that if "men were angels, no government would be necessary." Federalist No. 51 (1788). He knew that every official or body would seek to accumulate "all powers, legislative, executive, and judiciary, in the same hands," and that such a concentration would be "the very definition of tyranny." Federalist No. 47 (1788). Thomas Jefferson agreed, labeling such a concentration of power as "precisely the definition of despotic government." Notes on the State of Virginia, Query 13 (1784). -
Explaining Irredentism: the Case of Hungary and Its Transborder Minorities in Romania and Slovakia
Explaining irredentism: the case of Hungary and its transborder minorities in Romania and Slovakia by Julianna Christa Elisabeth Fuzesi A thesis submitted in partial fulfillment of the requirements for the degree of PhD in Government London School of Economics and Political Science University of London 2006 1 UMI Number: U615886 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U615886 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 DECLARATION I hereby declare that the work presented in this thesis is entirely my own. Signature Date ....... 2 UNIVERSITY OF LONDON Abstract of Thesis Author (full names) ..Julianna Christa Elisabeth Fiizesi...................................................................... Title of thesis ..Explaining irredentism: the case of Hungary and its transborder minorities in Romania and Slovakia............................................................................................................................. ....................................................................................... Degree..PhD in Government............... This thesis seeks to explain irredentism by identifying the set of variables that determine its occurrence. To do so it provides the necessary definition and comparative analytical framework, both lacking so far, and thus establishes irredentism as a field of study in its own right. The thesis develops a multi-variate explanatory model that is generalisable yet succinct. -
Federalism in Eastern Europe During and After Communism
James Hughes Federalism in Eastern Europe during and after Communism Book section Original citation: Originally published in Fagan, Adam and Kopecký, Petr, (eds.) The Routledge Handbook of East European Politics. Routledge, London, UK. ISBN 9781138919754 © 2018 Routledge This version available at: http://eprints.lse.ac.uk/69642/ Available in LSE Research Online: March 2017 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This document is the author’s submitted version of the book section. There may be differences between this version and the published version. You are advised to consult the publisher’s version if you wish to cite from it. Federalism in Eastern Europe during and after Communism James Hughes Chapter 10 Forthcoming in Adam Fagan and Petr Kopecky eds. The Routledge Handbook of East European Politics. Routledge 2017 One of the earliest political visionaries of federalism in Eastern Europe,interwar Polish leader Józef Piłsudski, famously remarked to former socialist comrades that “we both took