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The Bibliographical Bulletin on Federalism

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The Bibliographical Bulletin on Federalism Bulletin n. 2-3/2012 - October 2012-February 2013 List of contents Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Vandamme, Thomas From Federated Federalism to Converging Federalism? The Case of EU Subsidiarity Scrutiny in Spain and Belgium in Regional and Federal Studies, volume 22 n.5 , 515-532 In political science literature, federal systems may be classified as dual or co-operative polities. This contribution further explores this dichotomy between dual and co-operative systems from the perspective of Spain and Belgium, two EU member states that may be qualified as dual systems. These countries are said to have developed more co-operative systems of government in order to meet the exigencies of participation in EU policy-building and its implementation. This research will be revisited by looking into the way these two countries have dealt with the implementation of the Lisbon Protocol on Subsidiarity. Is the EU-induced co-operative trend indeed confirmed in these countries or is it time to reassess earlier findings? -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Carey Doberstein Applying European Ideas on Federalism and Doing It Better? in Canadian Public Policy , volume 38 n.3 , 395-410 Despite not having explicit authority to legislate on matters local in nature, in 2000 the federal government launched the National Homelessness Initiative (NHI). I argue that this federal program, in many critical aspects, mirrors a governance model developed in the European Union called the Open Method of Coordination (OMC), a model developed in an institutional context whereby the European Commission has no formal authority to coerce member states into coordinating social policy, but nonetheless uses “soft” or voluntary mechanisms to work toward this goal. Vancouver and Toronto are examined more closely to demonstrate how the flexibility of the OMC-style model manifests itself in practice, and the implications for governance, accountability, and effectiveness. I conclude that while the issue of homelessness is principally plagued by insufficient and unstable funding, further application of principles in the OMC model—uniquely applied to the Canadian context—holds promise for improving governance, coordination, and effectiveness of the public policy response to homelessness. Application of the OMC model thus calls for more attention from Canadian federalism scholars and policy-makers. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Cagiao y Conde Jorge Autorité et conflit d’autorités en droit fédératif Page 1/796 in Europe en formation (L'), n. 363, 2012/1 , 121-142 This paper proposes a reflection on the political and legal logic of federalism trying to characterize the federal subject. Here, the American and European federal systems are analyzed and compared by means of the notion of authority, most suitable, in the opinion of the author to give an account of the federative relations than the notion of sovereignty. Hans Kelsen’s and, more recently, Olivier Beaud’s fundamental contributions have been able to highlight the problems of a lexicon of State inspiration for a full understanding of the federative relations, as shown in the example of sovereignty (more in our European context than in the U.S., where the notion is not absolute granted the way it is in our legal culture). The author focuses first on the theoretical foundations and sources of legitimacy of the federated authority in the federal systems, both in its constituent phase (its founding act) and its subsequent operation. The second part of the article is dedicated to the federal authority and the central role of the judge in the process of autonomisation of the federal legal order, step necessary for the creation and development of a true federal authority. The article closes with a reflection on the place of the constitutional justice in federal systems and guarantees and conditions of impartiality which should guide its interpretative activity to be able to be perceived by the parties as real authority in the management and solution of characteristic conflicts of relations between the federated level and the federal in federalism. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Bolleyer Nicole, Thorlakson Lori Beyond Decentralization—The Comparative Study of Interdependence in Federal Systems in Publius: The Journal of Federalism, vol. 42, n. 4, Fall , 566-591 The degree of decentralization is an important explanatory variable in comparative federalism research. Nonetheless, the relationship between decentralization and the interdependence between governments is underspecified. This article distinguishes decentralization and interdependence conceptually, specifies institutional components of interdependence, and develops jurisdictional measures to capture them. A comparative analysis of eleven federal systems shows that decentralization indicators and indicators of interdependence constitute separate dimensions. Thus, their combined usage allows comparativists to do greater justice to the multidimensionality of federal systems. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Éric Montpetit and Martial Foucault Canadian Federalism and Change in Policy Attention: A Comparison with the United Kingdom in Canadian Journal of Political Science--Revue canadienne de science politique, Volume 45 - Issue 03 , 635 - 656 Federal systems empower multiple policy actors from different levels of governments. For some scholars, the disagreements arising within such a diverse group of actors create policy stalemates. Others contend instead that new ideas are more likely to arise and diffuse from such a diverse group. This article is a contribution to this scholarly debate, proposing an original contribution on policy agendas. It argues that both perspectives are useful to understanding the dynamic of policy making within federal systems. Looking at change in policy attention in Canadian and British speeches from the throne, the article argues that federalism constrains change immediately following a party turnover in government. In the following years, however, federal arrangements encourage larger changes in policy attention than arrangements where power is centralized. Page 2/796 -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Fenna Alan Centralising Dynamics in Australian Federalism in Australian Journal of Politics & History , Volume 58, Issue 4, December , 580-590 The steady centralisation that is generally held to be a characteristic feature of Australian federalism has occasioned thorough description and regular comment but much less attempt at explanation or theorisation. This paper reviews the way we account for centralisation in federal systems in general and Australian federalism in particular. In doing so, it considers institutional and societal modes of explanation in the context of patterns of difference between the leading federations. It concludes that as far as those broader patterns, or secular trends, are concerned, there is no avoiding a societal explanation — one that highlights the balance between forces of modernisation and the existence of a “federal society”. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Rogers James R. Democracy and Necessity: Rightly Dividing Political Power. Using Simple Game Theory to Identify When Policy Decisions Should be Centralized and When Decisions Should be Decentralized in Europe en formation (L'), n. 363, 2012/1 , 73-93 This paper uses very simple models to identify the set of policies that should be implemented at the state level and identifies conditions under which other policies should be delegated to a national government. I then show that under intuitively reasonable parameters, judicial enforcement of that boundary is better than leaving it to congressional self-enforcement (although reasonable parameters exist when self-enforcement would increase public welfare more than judicial enforcement). When applied as necessary, federal structures—i.e., the combination of centralized government in some areas and decentralized structures in other areas—is a democracy-enhancing institution as well as an efficiency-enhancing institution. -------- Section A) The theory and practise of the federal states and multi-level systems of government Subsection 1.The theory of federation Fiseha, Assefa Ethiopia's Experiment in Accommodating Diversity: 20 Years Balance Sheet in Regional and Federal Studies, volume 22 n.4 , 435-474 After years of centralised rule that emphasised unity, since 1991 Ethiopia has adopted a federal system that aims at accommodating diversity. This article assesses whether Ethiopia's experiment with federalism is achieving the promised goal of managing diversity or whether it is exacerbating conflicts. The federation's biggest risk is its entanglement with the ruling party, its reliance on soft institutions of democracy and narrowly based institutions of power sharing. Although
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