Federalism, Subnational Constitutions, and Minority Rights


Book Description

It is widely asserted that federalism, often involving subnational constitutions, is the best measure for protecting minority rights. Scholars of law in Europe and the US analyze the connection between the two. First they explore some of the complexities of comparative constitutionalism, then they present case studies of constitutional arrangements and the protection of minority rights in mature, transition, and emerging federal systems. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).




Federalism, Subnational Constitutions, and Minority Rights


Book Description

Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems. This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.




Courts in Federal Countries


Book Description

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.




Constitutional Dynamics in Federal Systems


Book Description

How sub-national constitutions influence constitutional change and adaptation in federations.




Dynamic Federalism


Book Description

This book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change. Dynamic Federalism will be an essential resource for legal, social, economic, and political scholars interested in federalism, regionalism, and de/centralization.




A Research Agenda for Federalism Studies


Book Description

In this forward-thinking book, fifteen leading scholars set forth cutting-edge agendas for research on significant facets of federalism, including basic theory, comparative studies, national and subnational constitutionalism, courts, self-rule and shared rule, centralization and decentralization, nationalism and diversity, conflict resolution, gender equity, and federalism challenges in Africa, Asia, and the European Union. More than 40 percent of the world’s population lives under federal arrangements, making federalism not only a major research subject but also a vital political issue worldwide.




Sub-State Governance through Territorial Autonomy


Book Description

This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.




Migrants and Minorities


Book Description

Europe stands on the brink of a new era of diversity and immigration. Although many Europeans would prefer to ignore this fact, the signs are everywhere. Societies and politics are being irrevocably changed by their encounters with migrants, both recent and settled. This book pinpoints the specific trends and emerging patterns that allow us to understand what these changes mean for the future of Europe. On the ground level, institutions like schools and local governments have charted unique courses for dealing with diversity. And from above, the institutions of Brussels become ever more important for regulating the big picture. The passage of the Lisbon Treaty means that common EU rules on immigration will now be easier to achieve (and more likely). But what exact role is played by the institutions of the EU in Brussels, and how does this vary across policy areas? How are Europeans on all levels dealing with the sensitive questions raised by Islam, and how are migrants and minorities dealing with the hostility and xenophobia they routinely encounter? And finally, how have the experiences of different European countries in integrating their immigrants and minorities changed our comparative understanding of race, ethnicity and citizenship? These three sets of issues—EU-level regulations, Islam and Xenophobia, and comparative integration policy—are the topics that motivate and structure this book. Noted experts on each topic offer the latest research findings, which collectively advance our understanding of how Europe will deal with diversity in the 21st Century.




Multinational Federalism


Book Description

A collection of state of the art reflections by fourteen leading experts in the field of multinational federalism. Seymour and Gagnon have gathered contributions from philosophers, political scientists and jurists dealing with the accommodation of peoples in countries like Belgium, Canada, Europe, Great Britain, India and Spain.




Routledge Handbook of Subnational Constitutions and Constitutionalism


Book Description

This handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term ‘multilevel constitutionalism’, recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different types of multi-tiered systems world-wide to map the possible meanings, uses and challenges of subnational or state constitutions in a variety of political and societal contexts. The book develops the building blocks of an explanatory theory of subnational constitutionalism and as such will be an essential reference for all those interested in comparative constitutional law, federalism and governance.