Varieties of Federalism II PDF

Varieties of Federalism II FEDERALISM - ROOTS Federalism – origins in thought/philosophy Connection to federal innovations Federalism – formations US Australia Canada India Germany Spain Switzerland Belgium...

Varieties of Federalism II FEDERALISM - ROOTS Federalism – origins in thought/philosophy Connection to federal innovations Federalism – formations US Australia Canada India Germany Spain Switzerland Belgium Mexico South Africa Brazil Federalism – challenges Kymlicka Three Traditions of Federal Thought Federalism as an American invention The Federalist Papers Codified constitution Separation of powers: executive, legislative [dual], judicial [USSC supervision] Allocation of powers: levels of government representing the people Federalism as ancient Tracing back to ancient Greece [city states] & Israel [12 tribes] Holy Roman Empire ≈ confederation [Middle Ages] Switzerland 13th © Indigenous peoples in North America Three Traditions of Federal Thought Modern federal ideas and practices 1. Consociational federalism 2. Republican federalism 3. Socioeconomic federalism Absolutist, centralized government Machiavelli, Bodin, Hobbes Decentralized power – local/regional autonomy/independence Johannes Althusius Politica “Politics is the art of consociating men for the purpose of establishing, cultivating, and conserving social life among them.” Social harmony – government to manage/moderate conflict Consociations = self-governing communities – Commonwealth = a federal consociation of consociations – federal council Otto von Gierke Three Traditions of Federal Thought Modern federal ideas and practices 1. Consociational federalism - renewed relevance Consociational practices of consensus democracy in places like Germany, the Netherlands & Switzerland EU – reflects consociational federalism: the Council of Ministers, subsidiarity, consensus as the basis for changing founding treaties A world ‘divided into distinct communities of culture and religion’ etc. Three Traditions of Federal Thought Modern federal ideas and practices 2. Republican federalism The New England Confederation of 1643 included a plan to “enter into a present Consociation amongst ourselves…” Locke/Declaration of Independence: all created equal “endowed with unalienable rights” and government authority rests on consent of the governed Confederation did not work => sought a federal union with a stronger central government Created a “system without a precedent” Madison Inspired by the Six Nations Confederacy of the Haudenosaunee [Iroquois] Sought to combine democracy with protection of property and status, drawing from Montesquieu’s Spirit of the Laws Three Traditions of Federal Thought Modern federal ideas and practices 2. Republican federalism Montesquieu’s principles ‘intermediate powers between the people and government’ Nobility/clergy/cities = ‘“intermediate channels” of administration, law, and order in large … states’ Separation of powers Based on British monarch/parliament/judiciary A large federal republic Avoid risks of despotism associated with large states of external aggression associated with small states Promote benefits Cooperation more likely on smaller scale/local level Security & prosperity of larger states Three Traditions of Federal Thought Modern federal ideas and practices 2. Republican federalism Federalist papers: John Jay, James Madison, Alexander Hamilton Proposed sharing sovereignty between 2 levels of govt Both levels with a direct relationship with the people Protection of citizens via horizontal and vertical checks & balances Bicameral legislature – national and federal Protecting constitutional principles via judicial oversight Promoted a strong federal government to avoid issues of the previous confederation Directly represented individual citizens at the federal level as well as the state level Direct agency Opposition by Anti-Federalists – states rights Republicanism – focus on right and liberties of people [over states] Three Traditions of Federal Thought Modern federal ideas and practices 2. Republican federalism Federalist papers: [cont’d] Balance democracy [with risk of majority tyranny] and individual rights (property) “faction” A large polity/union would have many interests or factions, diminishing the chance of any one faction from becoming a majority/tyrannical Promote democratic government/ connection at the local level Limit the power of the national government A compound republic with “double security” Vertical division of powers Horizontal separation of powers at each level Compound majoritarianism Balanced proportional [House of Reps] and equal [Senate] representation Three Traditions of Federal Thought Modern federal ideas and practices 2. Republican federalism Federalist papers: [cont’d] Judicial efficacy One Supreme Court to decide all cases under the constitution Question of judicial vs legislative power Hamilton [Federalist 78] judicial independence needed with a constitution that limits legislative authority Opened the possibility of judicial review … and executives packing the court Three Traditions of Federal Thought Modern federal ideas and practices 3. Socioeconomic Federalism European treaty federalism – ‘agreement among autonomous communities’ American constitutional federalism – rights protected by the judiciary The French Revolution – rejected federalism in favour of democratic centralism Pierre-Joseph Prouhon – federal socialism – agricultural & industrial workers as self-governing producers in a pluralistic decentralized system Integral federalism Support freedom through ‘a structure of self-governing communities tied together by common interests and identities’ Promoted ‘plural relationships’ vs individual liberalism Sought to blunt conflict, promote reconciliation between France & Germany post WW2 => economic integration in Europe: EC Kymlicka: Multinational Federalism in Canada Challenges to Federalism - multiculturalism Québécois & Indigenous peoples Kymlicka distinguishes between 2 visions of federalism “Territorial” federalism [provincial equality] Equal territorial units Protecting ‘equal rights within a common national community’ No space for minority self-government US, Australia, Brazil, Germany May worsen the situation for national minorities “Multination” federalism [cultural (“ethnocultural”) diversity] Self-government for national minorities Québéc, Indigenous peoples Focus on consent and shared sovereignty Structural + practical elements The ‘spirit’ as well as the letter of the law/constitution Kymlicka: Multinational Federalism in Canada Challenges to Federalism - multiculturalism May combine different conceptions of federalism Differential treatment of some components ‘nationality-based units will seek different and more extensive powers’ compared with regional-based units Decentralization/separatist impulses more common where units are nationality-based Catalonia & Basques in Spain Belgium Czechoslovakia => Czechia & Slovakia Asymmetrical federalism Demands from Québéc, Indigenous peoples Objections from other provinces: inequality, ‘special status,’ ‘two classes of citizens’ Defenders: Equality for citizens ≠ equal powers for federal units What of minorities within provinces? Kymlicka: Multinational Federalism in Canada Challenges to Federalism - multiculturalism Prospects for reconciliation Seeing Canada in terms of language communities English-speaking Canadians have little sense of group identity + little xenophobia, exclusionary tendencies, sense of threat to language/culture - blind to common interests/values: mobility rights, national social services standards and portability, the right to use English Pan-Canadian nationalism a threat to Québécois + Indigenous peoples 1. symbolically denies the Q & I conception of Canada as multinational 2. increasingly issues are decided federal Parliament + SCC Federal spending power a vehicle for federal intervention 3. some policies touch issues where interests and identities directly conflict e.g. language rights – advantage Anglophones Kymlicka: Multinational Federalism in Canada Advantages of asymmetry for both perspectives English-speaking Canadians [ESCs] using the spending power to defend common interests and national identity Would require accepting Canada as a multinational state If a choice between the ability to act as a nation and asymmetry, perhaps ESCs would accept asymmetry Risk of diminishing connections, secession Countered by contribution to building Canada QC – some of Canada’s most important federal politicians, a disproportionate share of PMs, key bureaucrats and policy decisions What might be some other sources of connection for Québéckers and Indigenous peoples? US or other powerful influences? Kymlicka: Multinational Federalism in Canada Advantages of asymmetry for both perspectives ‘The great virtue of a multinational federalism… is that it preserves a direct sense of connection to, and participation in, pan-Canadian institutions.’ A sense of contributing, belonging Tangible benefits Risks/costs of secession Unpredictability Conflict between QC and Indigenous claims/ internal ‘partition movements’