Varieties of Health Care Devolution: “Systems Or Federacies”?
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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. -
Dynamics of Regionalism in the Post-Cold War Era: the Case of Southeastern Europe
Dynamics of Regionalism in the Post-Cold War Era: The Case of Southeastern Europe Daphne Papahadjopoulos Submitted for the Degree of Doctor of Philosophy European Institute, The London School of Economics and Political Science 2004 UMI Number: U194851 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. Disscrrlation Publishing UMI U194851 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 LiOf-tiy British üorwy ui rOHucat and Economic Science TH cS c S F To my uncle Demetrios Papahadjopoulos Who would have been so pleased Abstract The thesis seeks to understand why in the post-Cold War era regionalism in Southeastern Europe has been largely ineffective. First, it examines the theoretical preconditions for the emergence of the phenomenon. It finds that two separate levels of analysis exist for explaining its sources, namely the international - divided between rationalist and reflectivist schools - and the domestic. Rationalist schools of thought are arranged along a continuum between those focusing on sources of regionalism external (systemic) and internal to regions. Subsequently, the research project provides a historical perspective of cooperation in Southeastern Europe. -
Exploring the Link: Administrative Exclusion and Second Order Devolution Rhucha Samudra the College at Brockport, SUNY, [email protected]
Journal of Public Management & Social Policy Volume 26 | Number 1 Article 4 June 2019 Exploring the Link: Administrative Exclusion and Second Order Devolution Rhucha Samudra The College at Brockport, SUNY, [email protected] Follow this and additional works at: https://digitalscholarship.tsu.edu/jpmsp Part of the Political Science Commons, Public Administration Commons, Social Policy Commons, and the Social Welfare Commons Recommended Citation Samudra, Rhucha (2019) "Exploring the Link: Administrative Exclusion and Second Order Devolution," Journal of Public Management & Social Policy: Vol. 26 : No. 1 , Article 4. Available at: https://digitalscholarship.tsu.edu/jpmsp/vol26/iss1/4 This Article is brought to you for free and open access by the Journals at Digital Scholarship @ Texas Southern University. It has been accepted for inclusion in Journal of Public Management & Social Policy by an authorized editor of Digital Scholarship @ Texas Southern University. For more information, please contact [email protected]. Exploring the Link: Administrative Exclusion and Second Order Devolution Cover Page Footnote Author thanks Bradley Hardy, Pamela Viggiani, Jocelyn Johnston, Keith Baker and three anonymous reviewers for their helpful comments on the previous versions of the manuscript. This article is available in Journal of Public Management & Social Policy: https://digitalscholarship.tsu.edu/jpmsp/vol26/iss1/4 Samudra: Exploring the Link Journal of Public Management & Social Policy Spring 2019 Exploring the Link: Administrative Exclusion and Second Order Devolution Rhucha Samudra The College at Brockport, State University of New York Devolution was embedded in the 1996 welfare reform. Using the National Survey of America’s Families, this article explores the relationship between living in a Second Order Devolution (SOD) state and administrative exclusion from a welfare program. -
Issues Around Scottish Independence
Issues Around Scottish Independence by David Sinclair September 1999 Published by The Constitution Unit 29/30 Tavistock Square London WC 1H 9EZ Tel. 017 1 504 4977 O The Constitution Unit 1999 Contents EXECUTIVE SUMMARY INTRODUCTION THE ROAD TO INDEPENDENCE The referendum: who votes, and who decides the question? When should a referendum be held? Speed of the transition Who negotiates for each side? SCOTLAND IN THE WORLD ECONOMICS OF INDEPENDENCE SCOTLAND AND THE REST OF THE UK ANNEX 1: GREENLAND AND SCOTTISH INDEPENDENCE ANNEX 2: THE BACKGROUND TO THE ARGUMENTS OVER SCOTLAND'S FISCAL DEFICIT Expenditure Revenue Conclusions Executive Summary The debate about Scottish independence should include not only the case for and against independence but a better understanding of the process of independence itself. There are a number of key issues which would need to be resolved before Scotland could become independent. 1. If the issue of independence is put to a referendum who should vote in that referendum and what should the question be? Should that referendum be held before or after negotiations on independence? 2. Once negotiations are taking place, how quickly can a transition to be independence be achieved? 3. What are the key issues that will need to be negotiated? Can any likely sticking points be identified? 4. What would the position of an independent Scotland be in international law? Would Scotland automatically succeed to UK treaty rights and obligations, including membership of the EU? Or would these have to be renegotiated? 5. What are the economics of an independent Scotland? Answering this question involves understanding the current financial position of Scotland within the UK, the likely future finances of Scotland as an independent country, and the costs of transition to independence. -
'Populism': Armenia's “Velvet Revolution”
The Armenian Studies Program and the Institute of Slavic, East European, and Eurasian Studies present the 42nd Educator Outreach Conference Authoritarianism, Democratization, and ‘Populism’: Armenia’s “Velvet Revolution” in Perspective Saturday, May 1, 2021 Livestream on YouTube University of California, Berkeley From end March to early May 2018, a series of peaceful protests and demonstration led to the resignation of Prime Minister (PM) Serzh Sargsyan, whom the then ruling Republican Party he chaired had newly nominated for that office. Having completed his two terms as President, from 2008 to 2018, Serzh Sargsyan’s attempt to remain in power became obvious. This attempt also made it evident that the amended 2015 Constitution, which he had promoted to invigorate democratization by shifting power from the office of the President to the Parliament and the office of the Prime Minister, was merely a ploy to extend his rule. It was also the proverbial “last straw that broke the camel’s back.” A kleptocratic, semi-authoritarian regime that appeared to control all the levers of power and of the economy suddenly, and unexpectedly, collapsed. This regime change—which the leader of the protests and incoming new prime minister, Nikol Pashinyan, referred to as a “Velvet Revolution”—was peaceful, something unusual for a post-Soviet republic. Subsequent parliamentary elections brought to power a new generation, younger deputies mostly between the ages of twenty-five to forty. A similar generation change also characterized the formation of the government. Youth, however, also means inexperience as almost none of the new deputies and ministers had held any political position in the past. -
Implementing Federalism
Constitutional INSIGHTS No. 2 October 2018 Summary Federalism or devolution involves the Implementing Federalism organization of public power so that government, on at least two levels, is responsive and accountable to the Introduction people that it serves. More than 25 countries around the world operate as More than 25 countries around the world operate as a federation of some a federation of some kind. Many more kind. Many more devolve power in other ways, across the country or in devolve power in other ways, either particular regions with special autonomy. Some of the older federations across the country or in particular are well-established; India, Malaysia and Pakistan are examples. Others regions with special autonomy. This are much more recent, however. Many new constitutions provide for issue of Constitutional INSIGHTS federation or some form of devolution. In Asia and the Pacific, for explains why any change from a example, the new Constitution of Nepal establishes a federation, and centralized to a federal or devolved federalism is under consideration in Myanmar, the Philippines and system is a significant one. It also Solomon Islands. outlines some of the challenges that Federalism or devolution involves the organization of public power so arise in the context of such change, that government on at least two levels is responsive and accountable to and suggests options that might be the people that it serves. There are all sorts of reasons why countries available to meet them. and their peoples might find that arrangements like this offer benefits that a centralized system of government does not. Federations may be About this series established to assist democratisation; as a way of resolving conflict; as a framework for self-determination; to disperse concentrations of power; to The Melbourne Forum on Constitution- manage government in large countries; or for any combination of these or Building in Asia and the Pacific other reasons. -
Territory, Power and Statecraft: Understanding English Devolution
Regional Studies ISSN: 0034-3404 (Print) 1360-0591 (Online) Journal homepage: http://www.tandfonline.com/loi/cres20 Territory, power and statecraft: understanding English devolution Sarah Ayres, Matthew Flinders & Mark Sandford To cite this article: Sarah Ayres, Matthew Flinders & Mark Sandford (2017): Territory, power and statecraft: understanding English devolution, Regional Studies, DOI: 10.1080/00343404.2017.1360486 To link to this article: http://dx.doi.org/10.1080/00343404.2017.1360486 © 2017 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group Published online: 07 Sep 2017. Submit your article to this journal Article views: 483 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at http://www.tandfonline.com/action/journalInformation?journalCode=cres20 Download by: [University of Sheffield] Date: 06 October 2017, At: 06:46 REGIONAL STUDIES, 2017 https://doi.org/10.1080/00343404.2017.1360486 Territory, power and statecraft: understanding English devolution Sarah Ayresa , Matthew Flindersb and Mark Sandfordc ABSTRACT In recent decades, the devolution of power to subnational regional authorities has formed a key element of what has been termed the ‘unravelling’ or ‘unbundling’ of the state in many parts of the world. Even in the United Kingdom, with its distinctive global reputation as a power-hoarding majoritarian democracy, the devolution of powers to Scotland, Wales and Northern Ireland since 1998 can be located within this broader devolutionary dynamic. In recent years, this process has focused on ‘the English question’ and a reform agenda that claimed to offer a ‘devolution revolution’. This paper offers the first research-led analysis of the scope, scale and implications of these post-2015 reforms to English governance. -
Devolution System Made Simple a Popular Version of County Governance System Devolution System Made Simple a Popular Version of County Governance System
Devolution System made Simple A Popular Version of County Governance System Devolution System made Simple A Popular Version of County Governance System November 2012 Devolution System made Simple 1 2 Devolution System made Simple Introduction Devolution is one of the major changes that the Constitution adopted by Kenyans at the referendum held on 4th August 2010 and promulgated on 27th August 2010 has made to the arrangement of government in Kenya. It is a unique and new experience to a majority of Kenyans. This is in spite of the fact that Kenya experimented with a similar system at independence. This flier has been produced to make the new devolved system easy to understand and to avoid confusion which normally comes with very many interpretations from equally very many sources. Devolution System made Simple 3 A. Understanding Devolution And The Devolved System What is Devolution? • The devolution that Kenya has adopted is provided for this in Article 1 (3) and (4); Article 6 (1) and (2); Chapter Eleven and in the First Schedule and Fourth Schedule of the Constitution of Kenya 2010. • Devolution is the proper distribution of State functions and powers amongst and between the three arms of government. The three arms of government are: - > The Legislature or the law and policy making body; > The Executive or the arm that implements laws and policies made by the Legislature. The Executive also runs the day to day operations of government; and > The Judiciary, which resolves disputes between the Legislature and Executive, between and amongst the citizens and also interprets and enforces the laws. -
The South Caucasus
The South Caucasus A Regional Overview and Conflict Assessment August 2002 Cornell Caspian Consulting SWEDISH INTERNATIONAL DEVELOPMENT COOPERATION AGENCY Department for Central and Eastern Europe The South Caucasus A Regional Overview and Conflict Assessment Prepared for the Swedish Agency for International Development Cooperation (SIDA) Stockholm, August 30, 2002 The South Caucasus: A Regional and Conflict Assessment Principal Author: Svante E. Cornell Contributing Authors (Alphabetical): Fariz Ismailzade Tamara Makarenko Khatuna Salukvadze Georgi Tcheishvili This report was prepared by Cornell Caspian Consulting under a contract for the Swedish Inter- national Development Cooperation Agency (SIDA). The views and opinions expressed in this report should in no way be taken to reflect the position of the Swedish government or those of the Swedish International Development Cooperation Agency (SIDA). http://www.cornellcaspian.com Cornell Caspian Consulting is a consulting company registered in Stockholm, Sweden, special- ized on the politics and economy of the Caucasus, Central and Southwest Asia. It has offices in Stockholm and Washington, D.C., and representations in Ankara, Turkey; Baku, Azerbaijan; Bos- ton, United States; Dushanbe, Tajikistan; Islamabad, Pakistan; London, United Kingdom; Tashkent, Uzbekistan; Tbilisi, Georgia; Tehran, Iran; and Ufa, Republic of Bashkortostan, Rus- sian Federation. Head Office: Topeliusvägen 15 SE-16761 Bromma Sweden Tel. (Stockholm) +46-8-266873; +46-70-7440995 Tel. (Washington) +1-202-663-7712 Fax. -
Human Rights, Separation of Powers and Devolution in the Kenyan Constitution, 2010: Comparison and Lessons for Eac Member States
HUMAN RIGHTS, SEPARATION OF POWERS AND DEVOLUTION IN THE KENYAN CONSTITUTION, 2010: COMPARISON AND LESSONS FOR EAC MEMBER STATES ∗∗∗ By Prof. Christian Roschmann, Mr. Peter Wendoh & Mr. Steve Ogolla Abstract This paper is essentially a study of the new governance system in Kenya and an explanation why constitutional democracy holds the key to the promotion of human rights; entrenchment of the rule of law and the realisation of good governance. The paper suggests that the concept of constitutional democracy is not the same thing as constitutional government; accordingly, to achieve constitutional democracy, a government must be both constitutional and democratic. Further, this paper focuses on the structures, powers and organizing principles of the devolved governance and explores the challenges that lie ahead to ensure that constitutional democracy endures and is strengthened. The Constitution of Kenya, 2010 seeks to establish a society permeated by the spirit of liberty and democracy, the spirit of the laws and the habit of order. This paper proceeds from the assumption that although the constitutional models across the East Africa Community vary considerably, they share common themes that led to the demise of constitutional democracy, human rights violations and weaker institutions of government. The design and architecture of Kenya’s new constitution may, therefore, herald the beginning of the return of the East Africa Community to constitutional democracy. A. Introduction A historical inquiry of the foundations of Kenya’s political system, traceable to the colonial rule, underscores the very political basis of Kenya’s Constitution. Lord Delamere, a pioneer European farmer in Kenya believed the extension of European civilisation was desirable 1. -
When the Demos Shapes the Polis - the Use of Referendums in Settling Sovereignty Issues
When the Demos Shapes the Polis - The Use of Referendums in Settling Sovereignty Issues. Gary Sussman, London School of Economics (LSE). Introduction This chapter is a survey of referendums dealing with questions of sovereignty. This unique category of referendum usage is characterized by the participation of the demos in determining the shape of the polis or the nature of its sovereignty. The very first recorded referendums, following the French Revolution, were sovereignty referendums. Though far from transparent and fair, these votes were strongly influenced by notions of self- determination and the idea that title to land could not be changed without the consent of those living on that land. Since then there have been over two hundred and forty sovereignty referendums. In the first part of this chapter I will briefly review referendum usage in general. This international analysis of 1094 referendums excludes the United States of America, where initiatives are extensively used by various states and Switzerland, which conducted 414 votes on the national level from 1866 to 1993. This comparative analysis of trends in referendum usage will provide both a sketch of the geographical distribution of use and a sense of use by issue. In the second section of this chapter I examine the history and origins of the sovereignty referendum and identify broad historical trends in its use. It will be demonstrated there have been several high tides in the use of sovereignty referendums and that these high tides are linked to high tides of nationalism, which have often followed the collapse of empires. Following this historical overview a basic typology of six sub-categories, describing sovereignty referendums will be suggested.