Asymmetry in Multinational Federations
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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 -
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. -
Autonomism and Federalism
Publius: The Journal of Federalism Advance Access published May 27, 2011 Autonomism and Federalism Jaime Lluch* *European Studies Center, St Antony’s College, University of Oxford; [email protected] This article aims to understand autonomism as an ideology of territorial order and institutional design. In particular, I ask whether the theory and practice of autonomism is consonant with federalist principles. ‘‘Autonomism’’ is a normative term that advocates the use of autonomist principles, and it has an intricate relationship with federalism, but is generally distinct from it. Autonomists are wary of federalism because they believe it has homogenizing and uniformizing tendencies. Autonomism as an ideology of territorial order and institutional design exhibits a number of clear anti-federalist stances, but yet it is based on the general federalist principle that multiple levels of government can lead to better governance in multinational states. To this com- Downloaded from plex anti-federalist and federalist hybrid stance, autonomism adds a nuanced anti-secessionism stance. publius.oxfordjournals.org Autonomism In many multinational democracies, models of federation are the preferred insti- tutional configuration to address the complexities of multinationalism, and much by guest on May 30, 2011 of the scholarly literature echoes this preference for federation (Keating 2004; Hechter 2000; Norman 2006; Kymlicka 1998; Gibbins et al. 1998; Stepan 2001; Burgess and Gagnon 1993; Elazar 1987; Watts 2008; McRoberts 1997; Griffiths et al. 2005; Gagnon and Iacovino 2007; Karmis and Norman 2005).1 Yet, there are autonomist national parties in sub-state national societies that reject a model of federation as an appropriate institutional design to address their needs. -
Asymmetric Federalism in India M
Asymmetric Federalism in India M. Govinda Rao and Nirvikar Singh Revised April 2004 Abstract The focus of this paper is unequal arrangements and special treatment for some units within Indian federalism, namely. We first explore the conceptual issues – the causes and consequences of asymmetric federalism. Next, we trace the evolution of Indian federalism and analyze the factors contributing to the asymmetric arrangements in political, administrative and fiscal relations. We bring out asymmetric arrangements arising from constitutional arrangements or conventions evolved over the years. Recent political developments and asymmetric treatment due to administrative and political exigencies are also analyzed. Keywords: intergovernmental transfers, federalism, political bargaining, constitutional arrangements JEL codes: P26, P35, H1, H7 1 Asymmetric Federalism in India ∗ M. Govinda Rao and Nirvikar Singh 1. Introduction There can be a variety of motivations for various units to come together to constitute a federation. The political and economic theories of federalism attempt to understand the rationale for the “coming together” to form federations and once they are formed, analyse the conditions for “holding together”. The political impulse for the smaller units to federate has to be found in issues of freedom, security, political stability and strength while keeping a separate group identity. Similarly, access to a larger common market, reaping economies of scale in the provision of nation level public goods and availability of wider choice in the bundle of services to meet diverse preferences are some of the economic reasons for the smaller units to come together to form a federation. Each federating unit will try to bargain terms advantageous to it to join the federation while the federation will try to attract entry and control exit. -
The RISE of DEMOCRACY REVOLUTION, WAR and TRANSFORMATIONS in INTERNATIONAL POLITICS SINCE 1776
Macintosh HD:Users:Graham:Public:GRAHAM'S IMAC JOBS:15554 - EUP - HOBSON:HOBSON NEW 9780748692811 PRINT The RISE of DEMOCRACY REVOLUTION, WAR AND TRANSFORMATIONS IN INTERNATIONAL POLITICS SINCE 1776 CHRISTOPHER HOBSON Macintosh HD:Users:Graham:Public:GRAHAM'S IMAC JOBS:15554 - EUP - HOBSON:HOBSON NEW 9780748692811 PRINT THE RISE OF DEMOCRACY Macintosh HD:Users:Graham:Public:GRAHAM'S IMAC JOBS:15554 - EUP - HOBSON:HOBSON NEW 9780748692811 PRINT Macintosh HD:Users:Graham:Public:GRAHAM'S IMAC JOBS:15554 - EUP - HOBSON:HOBSON NEW 9780748692811 PRINT THE RISE OF DEMOCRACY Revolution, War and Transformations in International Politics since 1776 Christopher Hobson Macintosh HD:Users:Graham:Public:GRAHAM'S IMAC JOBS:15554 - EUP - HOBSON:HOBSON NEW 9780748692811 PRINT © Christopher Hobson, 2015 Edinburgh University Press Ltd The Tun – Holyrood Road 12 (2f) Jackson’s Entry Edinburgh EH8 8PJ www.euppublishing.com Typeset in 11 /13pt Monotype Baskerville by Servis Filmsetting Ltd, Stockport, Cheshire, and printed and bound in Great Britain by CPI Group (UK) Ltd, Croydon CR0 4YY A CIP record for this book is available from the British Library ISBN 978 0 7486 9281 1 (hardback) ISBN 978 0 7486 9282 8 (webready PDF) ISBN 978 0 7486 9283 5 (epub) The right of Christopher Hobson to be identified as author of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988 and the Copyright and Related Rights Regulations 2003 (SI No. 2498). Macintosh HD:Users:Graham:Public:GRAHAM'S IMAC JOBS:15554 - EUP - HOBSON:HOBSON NEW 9780748692811 -
Essays on Asymmetric Federalism
Essays on Asymmetric Federalism Inaugural-Dissertation zur Erlangung des akademischen Grades eines Doktors der Wirtschaftswissenschaften der Universität Mannheim vorgelegt von Alexander Libman Frühjahrssemester 2009 Abteilungssprecher: Prof. Tom Krebs, PhD Referent: Prof. Dr. Lars P. Feld (Universität Heidelberg) Koreferent: Prof. Dr. Eckhard Janeba Tag der mündlichen Prüfung: 8. Oktober 2009 Contents 1 Introduction 10 1.1 Research problem . 10 1.2 Structureofthethesis ........................ 14 1.3 Institutional details on the Russian federalism . 16 1.3.1 Asymmetric federalism: Russian style . 16 1.3.2 Variation of political regimes in Russian regions . 21 2 Constitutions, Regulations, and Taxes: Contradictions of Dif- ferent Aspects of Decentralization 24 2.1 Introduction.............................. 24 2.2 Measuring the degree of decentralization . 26 2.3 Dimensions of decentralization in Russia . 28 2.3.1 Measuring decentralization in Russia . 28 2.3.2 Interrelation of dimensions of decentralization . 32 2.4 Endogenous decentralization in Russia: data and empirical strategy 33 2.4.1 Factors of decentralization . 33 2.4.2 Econometric strategy . 37 2.5 Endogeous decentralization in Russia: results . 39 2.5.1 Basic results . 39 2.5.2 Modified specifications and expert opinion variables . 42 2.5.3 Extreme bounds analysis . 45 2.5.4 Endogeneity . 47 2.6 Conclusion . 50 3 Strategic Tax Collection and Fiscal Decentralization: The Case of Russia 54 3.1 Introduction.............................. 54 3.2 Tax auditing and tax collection in a centralized federation . 57 3.3 Strategic tax collection and Russian fiscal federalism . 61 3.3.1 Manipulation of tax collection effort . 62 3.3.2 Informal practices and tax collection under Yeltsin and Putin ............................ -
THE GROWTH of BRITISH INFLUENCE AMONG the SENECA to 1768 John R
THE GROWTH OF BRITISH INFLUENCE AMONG THE SENECA TO 1768 John R. Sahli eighteenth century saw the British gain the trade and political advantages formerly held by the French over the powerful Seneca Thein what is now western New York. The strategic position of Niagara in French hands, the influence of Chabert de Joncaire, 1 and the distance between the Seneca nation and the centers of British in- fluence were removed by the French and Indian War. At its end the possession of Niagara, the influence of Sir William Johnson, 2 and the aroused Indian anger against the westward expansion of the Americans gave the British those advantages formerly held by the French. The unhampered British position enabled them to increase their influence and the Seneca finally entered the Revolution against the Americans. To understand the reasons for this change-over, one must recog- nize the factors responsible for the French influence and the methods used by the British in winning the loyalty of the Seneca. This analysis must begin with the French occupation of the Seneca country. The Spread of French Influence among the Seneca In the latter part of the seventeenth century, the Iroquois Con- federacy, in an imperialistic struggle for the rich fur trade that gave itnot only a commodity that insured it desirable trade advantages with Dr. Sahli is professor of—Social Science at Indiana University of Pennsyl- vania, Indiana, Pennsylvania. Ed. 1 Louis Thomas de Joncaire, seigneur of Chabert, commandant at Niagara, 1720-30, came to Canada in 1687 and was shortly afterwards taken prisoner by the Seneca. -
WELLER, M. and NOBBS, K. (Eds.) 2010, Asymmetric Autonomy and the Settlement of Ethnic Conflicts Penn Press, Philadelphia P.360
www.ssoar.info Book review: Weller, M. and Nobbs, K. (eds.) 2010, Asymmetric Autonomy and the Settlement of Ethnic Conflicts Kössler, Karl Veröffentlichungsversion / Published Version Rezension / review Empfohlene Zitierung / Suggested Citation: Kössler, K. (2011). Book review: Weller, M. and Nobbs, K. (eds.) 2010, Asymmetric Autonomy and the Settlement of Ethnic Conflicts. [Review of the book Asymmetric autonomy and the settlement of ethnic conflicts, ed. by M. Weller, & K. Nobbs]. Federal Governance, 8(2), 72-77. https://nbn-resolving.org/urn:nbn:de:0168-ssoar-342790 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/ Special Issue on Federalism and Conflict Management edited by Neophytos Loizides, Iosif Kovras and Kathleen Ireton. Book Review WELLER, M. AND NOBBS, K. (eds.) 2010, Asymmetric Autonomy and the Settlement of Ethnic Conflicts Penn Press, Philadelphia 360 p. by Karl Kössler European Academy of Bozen-Bolzano (EURAC), Italy Email: [email protected] About Federal Governance Federal Governance is an online graduate journal on theory and politics of federalism and multi-level governance. Its mandate is to engage the global federalism community and reach out to outstanding graduate students interested in federalism and multi-level governance. By providing a platform for graduate students to have early success in their careers, Federal Governance seeks to promote and sustain interest in federalism and multi-level governance research among graduate students. -
Inter-Federal-Regional Conflict Resolution Mechanisms in Ethiopian Federacy: a Comparative Appraisal on the Legal and Institutional Frameworks
Beijing Law Review, 2019, 10, 1374-1393 https://www.scirp.org/journal/blr ISSN Online: 2159-4635 ISSN Print: 2159-4627 Inter-Federal-Regional Conflict Resolution Mechanisms in Ethiopian Federacy: A Comparative Appraisal on the Legal and Institutional Frameworks Habtamu Birhanu*, Zelalem Kebu College of Law and Governance Studies, Dilla University, Dilla, Ethiopia How to cite this paper: Birhanu, H. and Abstract Kebu, Z. (2019). Inter-Federal-Regional Con- flict Resolution Mechanisms in Ethiopian The FDRE Constitution, formally, establishes federal form of state structure Federacy: A Comparative Appraisal on the on the basis of ethno-territorial-linguistic criteria according to which nine re- Legal and Institutional Frameworks. Bei- gional states have been formed. Federalism, in turn, institutionalizes the divi- jing Law Review, 10, 1374-1393. https://doi.org/10.4236/blr.2019.105074 sion of power between federal and regional states that may render in- ter-governmental disputes in their interactions inevitably. The possibility of Received: October 9, 2019 inter-governmental disputes, thus, necessitates the institutionalized intergo- Accepted: December 20, 2019 vernmental dispute resolution mechanisms between these two tiers of gov- Published: December 23, 2019 ernments. Being informed of federal characteristics, the Constitution extends Copyright © 2019 by author(s) and the legislative, executive and judicial powers both for federal and regional Scientific Research Publishing Inc. governments. In equal footing, the Constitution further -
Decentralization by Political Agreement
A Theory of Menu Federalism: Decentralization by Political Agreement Roger D. Congleton, George Mason University Andreas Kyriacou and Jordi Bacaria Universitat Autonoma de Barcelona 1 8-April-03 (Forthcoming in Constitutional Political Economy) Abstract This paper analyzes agreements between governments that determine the division of policy-making power between central and regional governments. Our analysis demonstrates that initial circumstances and political risks affect the degree of centralization that will be adopted, and that asymmetric forms of fed- eralism are often consequences of ongoing negotiations between regional and central governments over the assignment of policy-making authority. We ana- lyze three settings where gains from "constitutional exchange" may exist: (i) the under-centralized state, (ii) the over-centralized state, and (iii) the constitutional convention. In each case, an asymmetric form of federalism is the predicted outcome, although the degree of asymmetry differs according to starting point. Modern and historical examples are used to illustrate the relevance of our analy- sis. Key Words: Menu Federalism, Asymmetric Federalism, Endogenous Decentralization, Constitutional Economics, Political Economy, Public Choice, Trading Power, Federalism, Constitutional Exchange, Constitutional Evolution JEL Categories: H1, H7, D7 1The authors would like to thank Arye Hillman, Dennis Mueller, Alan Hamlin, and an annony- mous referee for helpful suggestions that led to significant improvements in our analysis and ex- position. A previous version of the paper was presented at the 1999 meeting of the Public Choice Society where we also received helpful feedback. Of course, the use to which we put all this good advice remains our own responsibility. 1 I. Introduction The division of policy-making authority between central governments and regional governments is rarely written down in a nation's formal constitutional documents. -
Consequences of Democratic Institutions Majoritarian Or Consensus Democracy? 438 Principles of Comparative Politics
Consequences of Democratic Institutions Majoritarian or consensus democracy? 438 Principles of Comparative Politics Arrow’s theorem states that every decision-making Arrow’s theorem, though, comes from demonstrating process that we could possibly design must sacrifice that every decision-making process that we could possi- at least one of Arrow’s fairness conditions— bly design, including any majority-rule one, must sacri- nondictatorship, universal admissibility, unanimity, or fice at least one of Arrow’s fairness conditions if it is to independence from irrelevant alternatives—if it is to guarantee group transitivity and, hence, stable outcomes. guarantee group transitivity and, hence, stable Put differently, if we insist that Arrow’s four fairness outcomes. conditions be met, we must accept the possibility of group intransitivity—there is no way around it. The implications of Arrow’s theorem are far-reaching. Suppose that we take Arrow’s con- ditions of unanimity and independence from irrelevant alternatives as uncontroversial and given. If we do this, Arrow’s theorem tells us that we face an institutional “trilemma” between stable outcomes, universal admissibility, and nondictatorship. In other words, we can design decision-making institutions that have at most two of these three desirable attributes. In Figure 11.10, we illustrate Arrow’s institutional trilemma with the help of a triangle. Basically, Arrow’s theorem states that when we design decision-making institutions, we can choose one and only one side of the triangle shown in Figure 11.10. If we want decision- making institutions that guarantee group transitivity and stable outcomes (A), then we must give up either nondictatorship (B) or universal admissibility (C). -
The Iroquois: a Brief Outline of Their History
THE IROQUOIS: A BRIEF OUTLINE OF THEIR HISTORY By PAUL A. W. WALLACE THE Five United Nations of the Iroquois called themselves "the Longhouse," a name that well describes both their geographical relationship to one another, and the government of their Con- federacy. The Longhouse was composed of five independent peoples, each speaking a dialect of a common root language, seated in a line of villages on a trail stretching across northern New York from beyond Schenectady to the Genesee River. From east to west- as the names of rivers and lakes in that region remind us-they were the Mohawk, Oneida, Onondaga, Cayuga, and Seneca na- tions. The Mohawks were known as "Keepers of the Eastern Door," the Senecas as "Keepers of the Western Door." The Onondagas tended the central council fire. These were the three Elder Brothers. The Younger Brothers were the Oneidas (affiliated with the Mohawks) and the Cayugas (affiliated with the Senecas) later also the Tuscaroras and Delawares' when they were received into the Confederacy "on the cradle-board." They had a federal council that met at Onondaga (Syracuse), presided over by the head chief of the Onondagas, Atotarho; but the political bond that held them was light. As in the typical dwell- ing of the Iroquois-a long frame house with roof and sides of bark and a corridor down the middle, inhabited by several related families, each group with its own separate fire-the nations of the League, though they sent representatives to the Onondaga Council, retained each its own sovereignty virtually intact. An ingenious system of checks and balances, together with a modified 'William N.