Defensive Federalism presents an original contribution to the field of federalism and multinational democracies, exploring the concept of defensive federalism as a protection of self- government against the "tyranny of the majority". The empirical evidence on federal and regional polities often shows critical imbalances in the territorial division of powers beyond what has been formally established in the constitutional rules. This volume highlights the rights, institutions, decision- making processes and procedural rules that can protect and develop the practical political, economic and cultural powers of federated and regional entities, especially those linked to territorial national minorities. The authors focus on federalism as a safeguard of self- rule, as well as a set of institutional and procedural rules to avoid the territorial dimension of the "tyranny of the majority". They answer two fundamental questions: how is it possible to design new stable and fairer federal agreements between national minorities and majorities where there is no single ideal solution? Is there a need for a new kind of "defensive federal model" for approaching national pluralism in liberal democracies? This book will be of great interest to students and scholars of federalism, national diversity and democracy, as well as policymakers and practitioners in both public and private institutions. Chapter 8 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution 4.0 license available at http://www.taylorfrancis.com

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.

This comprehensive scholarly book on comparative federalism and the Covid-19 pandemic is written by some of the world’s leading federal scholars and national experts. The Covid-19 pandemic presented an unprecedented emergency for countries worldwide, including all those with a federal or hybrid-federal system of government, which account for more than 40 per cent of the world’s population. With case studies from 19 federal countries, this book explores the core elements of federalism that came to the fore in combatting the pandemic: the division of responsibilities (disaster management, health care, social welfare, and education), the need for centralisation, and intergovernmental relations and cooperation. As the pandemic struck federal countries at roughly the same time, it provided a unique opportunity for comparative research on the question of how the various federal systems responded. The authors adopt a multidisciplinary approach to question whether federalism has been a help or a hindrance in tackling the pandemic. The value of the book lies in understanding how the Covid-19 pandemic affected federal dynamics and how it may have changed them, as well as providing useful lessons for how to combat such pandemics in federal countries in the future. This book will be of great interest to students and scholars of politics and international relations, comparative federalism, health care, and disaster management. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

This compilation, The Making and Ending of Federalism, includes the main topics addressed by recognized experts on federalism at the Conference of the International Association of Federal Studies (IACFS) held in Innsbruck, Austria, on 28-30 October 2021. It analyzes how federal and quasi-federal systems are created and if there are common patterns or certain conditions that promote the emergence or the demise of federal systems, including case studies from Brazil, Spain, and Italy.

This book challenges the common perception of authoritarian regimes as incompatible with federalism and decentralization. It examines how the leaders of Russia, Ukraine, and Kazakhstan have managed to exploit federalism and decentralization as useful instruments to help them preserve control, avoid political instability, and to shift blame to the regional authorities in times of crises and policy failures. The authors explain how post-Soviet authoritarian regimes balance the advantages and risks and emphasize the contradictory role of external influences and threats to the institutional design of federalism and decentralization. Advancing our understanding of how the institutions of federalism and decentralization are skillfully constrained, but at the same time used by authoritarian incumbents, they show that federalism and decentralization matter in non-democracies, though the nondemocratic character of the political systems greatly modifies their effects. The authors show the implication of the COVID-19 crisis and current Russian war against Ukraine for the center-regional relations in Russia, Ukraine, and Kazakhstan. This book will be of interest to scholars and students of post-Soviet politics, decentralization, federalism, and modern authoritarianism.

This edited volume examines the form and operation of intergovernmental relations in divided societies. Using eight country case studies, it explores the interplay between politicised ethno-cultural diversity and intergovernmental relations (IGR) in countries where the distinctive identity of at least one subnational unit is acknowledged in a form of territorial autonomy. The book examines whether and how the distinctive identity of particular subnational units and the attending competing constitutional visions shape the dynamics of IGR. The goal here is not simply to determine whether intergovernmental interactions in such societies are less cordial and more conflictual than in other societies. Such interaction in any society could be strained as a result of disagreement over specific policy objectives. The question is whether the distinctive identity of particular subnational units and the attending competing constitutional visions themselves have been a primary source of intergovernmental tension. The book also examines the impact of identity politics on institutions and instruments of IGR, determining whether the ethno-cultural divide and the tension it creates have the tendency to affect the type of institutions and instruments employed in IGR. It is also about the relevance and effectiveness of institutions and instruments of IGR in acknowledging and accommodating the distinctive identities and specific demands of subnational units, thereby contributing to the peaceful management of divided societies.

Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy. In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton's political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington's cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton's professional career. Re-examining Hamilton's post-war accomplishments through the lens of law, Brown demonstrates that Hamilton's much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton's legacy, as well as his place in the founding era, Brown’s work also enhances and refines our understanding of the nature and history of American jurisprudence.

This book offers a wide comparative overview of the legal measures enacted by countries throughout the world to react to the unprecedented public health emergency caused by the COVID-19 pandemic. The volume gathers the General Reports and selected National Reports presented at the 2022 General Congress of the International Academy of Comparative Law. While the National Reports focus on single countries, the General Report provides a comparative analysis of observed trends and main legal issues. In doing so, it draws some guidelines on how to improve responses to potential forthcoming emergencies characterized by a global reach, as COVID-19 was.

This book analyses constitutional change in federal and decentralizing countries from a comparative perspective. The authors identify structures, processes and strategies which have proven to favour successful constitutional amendment. Thereby, the book enables public officials, scholars, and students to learn from the constitutional reform experiences of other federal democracies and from practical suggestions how future reforms could be designed. From the Contents: The Relevance of Constitutional Change Constitutional Reform in “Co-operative” Federalism Constitutional Reform in Federal Systems with Divided Societies Devolution and Regionalisation in Federalising States Processes of Ratification Evolution after a Constitutional Reform Conclusion

World’s leading theorists of multinational justice on sub-state national minority groups Almost without exception, multinational states across the West are facing existential crises precipitated by the resurgence of sub-state national minority groups. This edited volume brings together many of the world’s leading theorists of multinational justice in order to analyse two of the most frequent areas of debate and dispute in multinational federations: recognition and redistribution. The authors address questions such as the following: What are the most appropriate forms of institutional recognition for sub-state national groups? How is the concept of redistributive justice affected by the presence of federal institutions and autonomous sub-state nationalities? And what are the potential sources of stability that fractious federations can call upon? As well as extensive theoretical analyses, the book is peppered throughout with examples drawn from actual multinational states including Canada, Belgium, Spain, and the United Kingdom. Contributors Jean-François Grégoire (KU Leuven), Michael Jewkes (KU Leuven), Helder De Schutter (KU Leuven), Antoon Vandevelde (KU Leuven), Alain-G Gagnon (Université du Québec à Montréal), Geneviève Nootens (Université du Québec à Chicoutimi), Philippe Van Parijs (Université Catholique de Louvain), François Boucher (University of Montreal), Jocelyn Maclure (Université Laval), Andrew Shorten (University of Limerick), David Robichaud (University of Ottawa), Ferran Requejo (Universitat Pompeu Fabra), Marc Sanjaume (Université du Québec à Montréal).