Federalism - A.C. Cairns PDF

What is Federalism II ▪ A.C. Cairns ▪ Federalism – potential ▪ Federal principles and organization Federalism – A.C. Cairns “The Governments and Societies of Canadian Federalism” ▪ Cairns focuses on the role of governments in the development and functioning of federalism. ▪ Trac...

What is Federalism II ▪ A.C. Cairns ▪ Federalism – potential ▪ Federal principles and organization Federalism – A.C. Cairns “The Governments and Societies of Canadian Federalism” ▪ Cairns focuses on the role of governments in the development and functioning of federalism. ▪ Traces the impact of elite power ▪ Distinctions may not emerge from society as much from governments ▪ Survival not of provincial societies so much provincial governments ▪ ‘Governments, as persisting constellations of interests, constitute the permanent elements of the Canadian polity which, thus far, have ridden out the storms of social, economic, and political change.’ ▪ The 1867 establishment of Canada’s federal system ▪ Created 2 levels of competitive political & bureaucratic elites ▪ The ‘history of Canadian federalism is little more than the record of the efforts of governing elites to pyramid their resources, and of the uses to which they have put them. ’ Federalism – A.C. Cairns “The Governments and Societies of Canadian Federalism” ▪ Governments at both levels ▪ Focus on governmental preservation and growth ▪ Create / capitalize on differences/ disagreements ▪ ‘endowed the cleavages between provinces, and between provinces and nation which attended their birth, with an ever more comprehensive political meaning.’ ▪ Protect jurisdiction and territory ▪ Resist encroachment on powers, changes to the amendment formula ▪ e.g. natural resources ▪ Expand legislative competence, institutions, personnel, resources ▪ Hamilton in Federalist 1 “resist all changes which may hazard a diminution of the power, emolument, and consequence of the offices they hold…” Federalism – A.C. Cairns “The Governments and Societies of Canadian Federalism” ▪ Government personnel resist challenges or change ▪ Focus on governmental preservation and growth ▪ ‘If their functions decline in social utility, or their expertise becomes obsolescent they will scan the horizon of alternative possibilities in an aggressive search for new justifications for continued existence.‘ ▪ While subject to authority, can manipulate those exercising oversight ▪ ‘eleven governments, each honeycombed with bureaucratic interests and desires … helps explain the expansion of each level of government, the frequent competition and duplication of activity between governments, and the growing impact of government on society.’ ▪ Political overseers also protect their turf ▪ ‘have "a vested interest in provincial status and power which”’ may not be shared by their provincial electorates. Federalism – A.C. Cairns “The Governments and Societies of Canadian Federalism” ▪ Governments do not merely reflect the populations they govern ▪ ‘aggressive actors steadily extending their tentacles of control, regulation, and manipulation into society… Governing elites view their task as the injection of provincial or federal meaning into society, giving it a degree of coherence and a pattern of interdependence more suited for government purposes than what would emerge from the unhindered working of social and market forces.’ ▪ Federal government ▪ Spending power ▪ Provincial government ▪ Jurisdictional authority in areas of growing significance ▪ Health, welfare… ▪ Natural resources Federalism – A.C. Cairns “The Governments and Societies of Canadian Federalism” ▪ Influential premiers framed themselves as protectors of their people ▪ ‘Lesage, Smallwood, Douglas, W. A. C. Bennett, and Manning had coherent sets of public purposes for the provincial societies they governed. From their perspective the federal government and its policies constituted environmental uncertainties which had to be managed, exploited, or reduced, and in some cases bitterly attacked in the defence of the provincial futures whose creation they envisaged. ▪ Good/bad examples? ▪ Many/most aspects of our lives are affected by these governments and their relationships. No national society existed in 1867, and provincial societies were expected to be relatively free from extensive government controls by the newly-created provincial governments. A century later we have governmentalized societies, both federal and provincial, inter woven with each other in relations of competitive interdependence.’ Federalism – A.C. Cairns “The Governments and Societies of Canadian Federalism” ▪ Democratic citizens seen as passive ‘members of the public are little more than spectators, mobilized by competing elites at three- to five-year intervals for electoral purposes’ Often disputes do not reflect or even register with voters ‘Even bitter and well-publicized intergovernmental conflict may take place in the face of almost complete public indifference or ignorance…’ Examples? Federalism – A.C. Cairns Quebec is somewhat different QC government does not seek to segment citizens away from a larger society People tend to embrace government protection within a history of minority status Federal and provincial governments seek to appeal to Quebeckers ‘by maximizing direct links with individuals that are clearly seen to be profitable by the Quebec citizenry.’ Referendum questions and responses will be manipulated by elites Results ‘will instantly be transformed into political resources by federal and provincial prime ministers and cabinet members who will fasten conflicting interpretations on the nature of the message the electorate has transmitted.’ Federalism – A.C. Cairns Cairns shifts to the perspective of the people, interest groups and political parties Government may be seen as an opportunity or a threat Groups may have to split provincial and federal activities May also experience internal divisions between federal and provincial levels Political parties separate at least some dimensions Replicate some federal/provincial tensions Some parties have more success at the provincial level/ virtually nonexistent federally Voter support may differ at federal and provincial levels Intention vs reality ‘The federal system was originally conceived as a layer of provincial governments representing territorial diversities, and a central government with responsibilities for creating the national society it was to serve. It has become a system of powerful governments, sustained by interest groups and parties which, with imperfections, mirror the governmental structure in which they exist. ’ Federalism – A.C. Cairns Cairns concludes that the evolution of strong governments at both levels Increases the potential for competition and conflict Can be better managed if clearly understood by Governmental elites Social elites Interest groups, business groups, community groups Individuals Federalism – potential – Hueglin & Fenna Ch.1 ▪ Combines divided and shared rule ▪ Can ‘meet the challenge of diversity’ ▪ Aspirations of ‘cultural, religious… territorial self-determination and autonomy’ ▪ Options: ▪ Devolution [UK re: Scotland, Wales, Northern Ireland] ▪ Federalism ▪ “coming together federalism” ▪ – independent/autonomous polities combine into a federal union ▪ e.g. US … ▪ “holding together federalism” ▪ - subnational communities within an existing state are given some autonomy ▪ e.g. Spain after the Franco government ▪ Subsidiarity – allocating powers to the lowest [nearest to the community] level practicable Federalism – potential – Hueglin & Fenna Ch.1 ▪ Federalism gives ‘organized territorial expression to the need to compromise among competing claims and aspirations’ ▪ Successful as long as secession, war etc. do not threaten its existence ▪ May require periodic ‘recalibration’ and reform ▪ Federal principles => peaceful union in Europe ▪ Resilience through change ▪ Canada ▪ Germany ▪ Democratic transformation ▪ Spain ▪ Brazil ▪ South Africa ▪ Management of conflict in multicultural countries ▪ India ▪ Belgium Federalism – potential – Hueglin & Fenna Ch.1 ▪ Types ▪ Presidential/US federalism ▪ Presidential republic, upper house = Senate ▪ Parliamentary federalism ▪ Canada, Australia, India [British colonial roots] ▪ Integrated federalism ▪ Germany – traditional continental European - upper house = a council ▪ Treaty federalism [confederal] ▪ EU – allocation of powers defined in treaties and agreements Federalism – potential – Hueglin & Fenna Ch.1 ▪ Threats and responses ▪ Canada ▪ Separatism ▪ Quebec …? ▪ Germany ▪ Reunification of East & West Germany 1990 ▪ Challenges/questions ▪ E Germany’s political and administrative capacity to function in the new system ▪ Capacity of the Bundesrat to manage six additional units ▪ Economic disparity – 5 new, poor Länder – capacity for equalization ▪ Spain ▪ + Democratization, enculturated diversity & autonomy, constitutional protections of communities ▪ - separatist challenges Federalism – potential – Hueglin & Fenna Ch.1 ▪ Threats and responses – works in progress ▪ South Africa ▪ One party dominance ▪ Lack of experienced personnel ▪ Brazil ▪ Entrenched local privilege vs central reform ▪ India ▪ Working to reflect multiculturalism, but deep divisions remain challenging ▪ Belgium ▪ Centrifugal linguistic, cultural and economic dynamics Federalism – principles and organization – Hueglin & Fenna Ch. 2 ▪ Features distinguishing federal from confederal systems ▪ National citizenship ▪ Citizens’ input into both levels of government ▪ Lawmaking authority at both levels of government ▪ Revenue sources at both levels ▪ Majority rule [as opposed to unanimity associated with confederations] Federalism – principles and organization – Hueglin & Fenna Ch. 2 ▪ Federalism - virtues ▪ Unity + diversity ▪ Size + sensitivity/autonomy/self-determination ▪ Increasingly important as economic internationalism erodes national/federal sovereignty ▪ Each level of government can limit the other – checks & balances ▪ Better and cheaper policy experimentation ▪ ‘the laboratory federalism thesis’ ▪ e.g. healthcare ▪ Competitive federalism ▪ Allows individuals & businesses to “exit” or move out of unsatisfactory policy environments ▪ Incentivizes subnational governments to provide attractive environments ▪ Redundancy ▪ Mistakes at one level can be corrected at another Federalism – principles and organization – Hueglin & Fenna Ch. 2 ▪ Federalism – vices ▪ Obstruction of effective policy-making & democratic majority will ▪ Local majority tyranny ▪ e.g. slavery, racism ▪ Reinforcement/exaggeration of divisions and cleavages ▪ Criticism/scapegoating of outsiders – other subnational governments or the feds ▪ Issues of coordination and duplication ▪ Guarding power/jurisdiction obstructs cooperation ▪ Complexity can interfere with efficiency, transparency, accountability ▪ ‘Balkanization of the national economy’ ▪ Privileges wealthy individuals and mobile businesses ▪ Business interests may outweigh other community members ▪ Redundancy ▪ Wasteful, costly – coordination challenges