State and Stateless Nationalisms, Old and New Diversities, and Federal Governance
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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. -
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. -
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. -
The State of Our Federalism Michael S
The State of Our Federalism Michael S. Greve The Oldest Question of American Constitutional Law Federalism has been called “the oldest question of American constitutional law.” And so it is. Federalism was the central question of our constitutional founding. It has been a constant theme of our politics ever since, and it has been a central, highly contentious question in every critical era in our history—the Civil War and Reconstruction; the Progressive Era; the New Deal; and the Civil Rights Era. We are now living through another critical period. The country is broke, and our political institutions seem incapable of finding solutions. And as always, federalism is playing a prominent role in a heated political debate. You’ve heard the story line: an overbearing, out-of-touch, out-of-control government in Washington, D.C. has aggrandized itself and trampled state and local governments underfoot. To restore fiscal sanity and democratic government, we should restore federalism’s balance. We should respect the Tenth Amendment, return power to the states, and so bring government closer to the people. All of the Republican contenders for the presidency advocate this program, with varying degrees of enthusiasm. I agree with their analysis and prescription—up to a point. Washington has indeed assumed far too much power over local affairs. In many policy areas, decentralization would improve our policies and our politics. I also agree that our problems have a potent constitutional dimension. And yet: I will try to persuade you that our federalism problem is a great deal more complicated. “Federalism” in the sense of decentralization and state authority is not just a solution. -
Ijah 5(1), S/No 16, January, 2016 86
IJAH 5(1), S/NO 16, JANUARY, 2016 86 International Journal of Arts and Humanities (IJAH) Bahir Dar- Ethiopia Vol. 5(1), S/No 16, January, 2016:86-99 ISSN: 2225-8590 (Print) ISSN 2227-5452 (Online) DOI: http://dx.doi.org/10.4314/ijah.v5i1.7 Federalism, State Creation and the Minority Ethnic Groups in Nigeria’s National Integration Project Imuetinyan, Festus, Ph.D. Department of Public Administration, University of Benin, Benin City, Nigeria. E-mail: [email protected] +2348023248857 & Uyi-Ekpen, Ogbeide, Ph.D. Department of Political Science, University of Benin, Benin City, Nigeria. E-mail:[email protected] +2348037705721 Abstract Nigeria gained independence in 1960 as a tripartite regional federal system which promoted the hegemony of three major ethnic groups (the Yorubas in the west, the Ibos in the east and the Hausa-Fulanis in the north). The regions unfortunately did not form homogeneous ethnic entities as they were made up of myriads of ethnic minorities who were subject of internal colonialism. Consequently, ethnic minority groups in Nigeria have been engaged not just in different efforts to reduce the dominance of the major ethnic groups but also on how best to live side by side with them. Federalism and states creation exercises are two major solutions that have been tried over time in the quest Copyright © IAARR 2016: www.afrrevjo.net/ijah Indexed African Journals Online (AJOL) www.ajol.info IJAH 5(1), S/NO 16, JANUARY, 2016 87 for national integration in Nigeria and they are the major focus of the paper. Both measures have helped to multiply the arenas of politics as well as rewards. -
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 -
Diversity, Democracy and Federalism: Issues, Options and Opportunities June 7-9, 2011 at Kathmandu, Nepal
Regional Conference on Diversity Theme: Diversity, Democracy and Federalism: issues, options and opportunities June 7-9, 2011 at Kathmandu, Nepal Key Note Speech and Canadian Model: Mr. Rupak Chattopadhyay, President and CEO Forum of Federations Good morning every one, and thank you Zafar and Katherine for a vey lucid words of welcome, I regret very much that this seminar is not in Islamabad, primarily because Nepal is a very active program country for the Forum of Federations, so I will be constantly pulled out of the seminar over the course of the next three days. I would have liked to stay through the entire program. Nevertheless, I am glad that we could put this together. As you all know that the Forum of Federations through its activities in Pakistan has been active on issues of diversity. Indeed the Forum itself was founded in Canada in 1999 in the context of a challenge to Canadian unity posed by its diversity in 1996. The separtist referendum in Quebec almost split the country. It was in that context that the government of Canada set up the Forum of Federations to bring together like minded countries grappling with the issues of unity and diversity. Countries who could sit around the table and share experiences on how they deal with the issue of diversity in their own context and share practices both best practices but also worst practices because we can learn as much from bad practices as we can from best practices. My remarks this morning will be in two parts. First, I will make some general observations about how federal structures respond to challenges posed by diversity in a comparative context and then, I will draw from the Canadian example to high light how we are coping with matters of diversity. -
Federalism, the Subnational Constitutional Framework and Local Government: Accommodating Minorities Within Minorities by Yonatan Tesfaye Fessha
ISSN: 2036-5438 Federalism, the subnational constitutional framework and local government: Accommodating minorities within minorities by Yonatan Tesfaye Fessha Perspectives on Federalism, Vol. 4, issue 2, 2012 Except where otherwise noted content on this site is licensed under a Creative Commons 2.5 Italy License E - 77 Abstract Not a single federation has been successful in demarcating the territorial matrix of the federation into ethnically pure subnational units. This includes federations that are primarily designed to accommodate ethnic diversity. There are usually ethnic minorities scattered in the midst of subnational majorities. The focus of this contribution is on how the institutional design of states can be used to respond to the challenges of minorities within minorities. This article proposes the adoption of constitutional principles that would guide ethnically plural subnational units in their dealing with internal minorities. A subnational constitutional framework that is based on the constitutional principles of self- rule (and possibly shared rule), this article argues, represents the best hope in addressing the majority-minority tension that characterizes subnational units in multinational federations Key-words Minorities, federalism, subnational constitution, local government Except where otherwise noted content on this site is licensed under a Creative Commons 2.5 Italy License E - 78 1. Introduction The translation of the self rule and shared rule elements of federalism into tangible institutional arrangements goes a long way in terms of accommodating ethnic diversity within the context of geographically concentrated ethnic groups. This is particularly true in multi-national federations where some or all of the subnational units are roughly congruent with ethnic boundaries, thereby, enabling ethnic communities to manage their own affairs.I It is, however, widely accepted that it is impossible to create an ethnically homogenous subnational unit. -
1 Decentralization and Centralization in a Federal System : the Case Of
Rev. Sociol. Polit. vol.1 no.se Curitiba 2006 Decentralization and centralization in a federal system: the case of * democratic Brazil Maria Hermínia Tavares de Almeida University of São Paulo Abstract: This paper discusses the contradictory impulses towards decentralization and centralization in Brazil during the 1990s and early 2000s. After discussing the analytical issues related to the specific nature of decentralization in federal systems, the paper examines two sets of policy issues: those regulating the fiscal relations between national and sub-national governments and those redefining responsibilities for social services provision (basic education, health care, social assistance). Against conventional academic wisdom, it sustains that although there has been some re-centralization of fiscal decisions and of targeted income transfer programs, a clear re-centralization tendency cannot be siad to exist. Decentralization and centralization trends coexist propelled by different forces, with different motives and different outcomes. Keywords: centralization; de-centralization; democratization; fiscal relations; social welfares. After a decade of steadfast decentralization is Brazilian federation undergoing a process of re-centralization? Academic conventional wisdom, both within and outside Brazil, seems to say that indeed it is. Decentralization was a major issue of the Brazilian democratization agenda, during the 80s. The bureaucratic-authoritarian regime (1964-1984) concentrated decisions, financial resources and administrative capacities at federal level. The country became an extreme case of centralized federalism1, almost undistinguishable from a unitary polity. Therefore, it was only too natural that democratic opposition to military rule took decentralization as one of its most cherished aims, together with social justice, rule of law and citizens participation. Decentralization to the local level was argued for in the name of democracy as much as in the name of governmental efficiency and efficacy. -
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HISTORICAL EVOLUTION OF FEDERAL FINANCES IN INDIA by K. Gopa Kumar* *Gulati Institute of Finance and Taxation Kaimanam, Pappanamcode (PO), Thiruvananthapuram, Kerala, India Email: [email protected] Abstract: The paper confirms that the provisions of fiscal federalism laid out in the Indian Constitution are connected to the legacy of the British rule in India. Applying historical analysis the author divides the period from the starting of British imperial administration in India to the enactment of Indian Constitution into five different phases on the basis of the evolution of Centre-Province financial relations. The principles of fiscal federalism in India gradually evolved from highly centralized fiscal governance during the initial period of the British rule until being manifested in the Constitution. Various parliamentary enactments, executive directions, committees and commissions as well as individual intervention contributed to this transformation. The paper further lays out the unique features of the Indian Constitution such as mutually exclusive tax domains and various mechanisms addressing fiscal imbalances due to the Government of India Act of 1935 enacted by the British Parliament. It concludes that while British authorities designed the system of fiscal administration in India after their preferences, the makers of the Indian Constitution preferred to retain the same provisions with minor variations in the Constitution of independent India. Keywords : fiscal federalism, India, history Gopa Kumar, K. 2012, “Historical Evolution of Federal Finances in India”, Federal Governance”, vol. 9 no. 2, pp. 27-44. 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.