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The Contemporary "Great Debate" over the future of Canadian Confederation, whatever else it may have done, has at least shattered a number of comfortable old maxims as to the inevitable course and development of federal constitutions. "Bryce's law" — or the asserted axiom that federalism is simply a transitory step on the way to political unity — has been exposed for what it really is, a generalization based too easily upon the experience of the essentially "Anglo-Saxon," English-speaking federal systems with which Lord Bryce happened to be acquainted at the time he was writing. Even Dicey's triadic critique long accepted as a truism in Empire and Commonwealth legal circles — that federalism inevitably means weak government, conservatism, and legalism — may be seriously doubted, as to its first two points at least, in the light of the strongly centripetal governmental trends in the main federal systems in modern times, and the concomitant association of that centralizing trend with political concepts of social and economic planning and community determination and direction of financial policy. It may be, as a French-Canadian jurist contended at a conference on Federalism held in Toronto in November 1964, that those English-speaking Canadian jurists who, in the 1930's and the 1940's, preached both the desirability and also the inexorability of the march to Ottawa were "plucking the Socialist fruit from the tree before it was fully ripe." We are, in any case, indebted to French Canada for reminding us that theories of historical inevitability, when applied to social phenomena, must inevitably tend to break down if they ignore the crucial variable of the human factor. For while complex political-legal relationships and interactions often seem to be shaped and conditioned by intractable social and economic forces, in the end the dynamic element in the community power process must still be the free will of the main actors or participants in it. This is in essence William James's point that truth is not an abstract quality inherent in an idea but something that happens to it in the unfolding of events. In constitutional law, what may have seemed right and proper and, if you wish,truefor Canada in the 1930's and the 1940's may not necessarily be so today.

POLITICAL PHILOSOPHY OF J. ALTHUSIUS, THE 17TH CENTURY GERMAN ADVOCATE OF POPULAR SOVEREIGNTY, THE SOCIAL CONTRACT, AND FEDERALISM, IS ANALYZED IN TERMS OF HIS POSITION IN EUROPEAN POLITICAL HISTORY AND THE HISTORY OF EUROPEAN POLITICAL THOUGHT. HIS JUSTIFICATION OF 'ASSOCIATION' AS BEING BASED ON ECONOMIC CONSIDERATIONS IS EXAMINED, AND HIS VIEWS AS FLEDGLING FEDERALISM ARE ASSESSED.

Item 1049-D. ; S/N 052-004-00093-4. ; "M-127." ; "July 1981." ; Includes bibliographical references. ; Mode of access: Internet.

It is only natural that Canada should most frequently be compared with the United States, and that models, metaphors, and theories of the political system that are applicable to the one should be assumed to be applicable to the other. That there are certain close similarities is obvious: both are federations, both span the North American continent, both are affluent Western democracies, and both exist within the common economic framework of modern capitalism. These and other similarities, however, too often obscure the significance of those differences which do exist, or cause similarities which exist with other countries to be neglected. This is particularly true of European countries, even though it would appear to be the case that Canadians, with their strong linguistic and cultural differences, have a good deal in common with at least some Europeans. This is not to say that Canada is more European than American. It is merely to suggest that there may be some advantages to be gained from occasionally viewing Canadian politics from a European perspective.

Ethnic, linguistic, and religious identities have emerged during the past decade as major challenges to the institutional capacity of the modern state to cope with cultural diversity. Language plays a double role: as a thin bond for communication and negotiation between political actors, and a thick system of meanings, carrying the burden of history, religion, culture, ritual, and memory. Studies this ambivalence of language through a comparison of India and Switzerland, and 2 different cases of relatively successful accommodation of linguistic diversity and discusses the constitutional means and policy measures that might enable a modern state to balance regional diversity and national unity in the face of the multi-ethnic challenge. (Original abstract - amended)

The vicissitudes of the Palácio da Alvorada that have placed Brazil in the forefront of global concerns are framed beyond the modern design that Niemeyer built in the 60s of the last century in a framework that has evolved on a federal pattern trying to unite form of government and territorial form of State. In this paper we analyze the keys of Brazilian federalism making an essential historical review of its configuration and focusing on the characteristic features of this Federation. Its structural elements, the complex competence design that functionally implements every Federation, the metajuridical evolution of the model hand in hand with intergovernmental relations and the financial aspect with which all federal projects must be accompanied. Two matrix ideas have constituted the epicenter of the constitutional evolution of Brazil, democracy and federalism. The physical and population magnitude of this State imposes greater demands on the organizational formulas that have struggled to be applied in the middle of the South American subcontinent. To know Brazil, it is necessary to know its configuration as a Federal State. SummaryI. BRAZILIAN CONSTITUTIONAL POLITICAL EVOLUTION IN A FEDERAL FRAMEWORK. 1. Unitarianism, colonialism and monarchy 2. Embryonic federalism: republicanism and constitutionalism 3. Consolidation of federalism: redemocratization and cooperation. II. COMPONENTS OF THE BRAZILIAN FEDERATION 1. The Union 2.- Federated States 3. Municipalities 4. Federal District III. COMPETENCIAL REPRESENTATIVE 1. From a dual federalism: competences of the Union and the Municipalities. 2. Up to a cooperative federalism: exclusive, common and concurrent competences. 3. The guarantees of the division of powers. IV. THE FINANCE OF THE FEDERAL SYSTEM V. INTERGOVERNMENTAL RELATIONS: BETWEEN COOPERATION AND INTERVENTION. VI. DILEMMAS OF FEDERALISM IN THE BRAZILIAN CASE ; Las vicisitudes del Palácio da Alvorada que han ubicado a Brasil en la primera línea de las inquietudes mundiales se enmarcan más allá del diseño moderno que Niemeyer le imprimió en los años 60 de la pasada centuria en un marco que sobre un patrón federal ha evolucionado tratando de unir forma de gobierno y forma territorial de Estado. En el presente trabajo se analizan las claves del federalismo brasileño haciendo un imprescindible repaso histórico de su configuración e incidiendo en los rasgos característicos de esta Federación. Sus elementos estructurales, el complejo diseño competencial que implementa funcionalmente toda Federación, la evolución metajurídica del modelo de la mano de las relaciones intergubernamentales y el aspecto financiero con el que se ha de acompañar todo proyecto federal. Dos ideas matriz han constituido el epicentro de la evolución constitucional de Brasil, democracia y federalismo. La magnitud física y poblacional de este Estado impone mayores exigencias a las fórmulas organizativas que han pugnado por aplicarse en la mitad del subcontinente de América del Sur. Para conocer Brasil, es preciso adentrarnos en su configuración como Estado Federal.

This work explores the historical traditions and distinctive features of modern Russian federalism. It reviews the state of affairs in today's Russia as it strives to become a federal democracy securing the rights and liberties of its citizens.

The careful reading of the history of Pakistan movement tells us the movement rose in response to the fear of the imposition of majoritarian- unitary democracy model in British India following the West Minister model. After 1857 war of independence, Sir Sayed Ahmed Khan had advised Muslims not to take part in politics and focus their energies on acquiring modern education and hence securing their due share in bureaucratic positions under the British rule. But when Congress was formed in 1885 and gradually democratic reforms were introduced, the fear of majoritarian-unitary model started creeping in among the Muslim elite. The leaders of Muslim League felt if the Westminster style majoritarian- unitary democracy model is introduced in British India that will ultimately bring over the centralized Congress rule in British India which they equated as the Hindu raj. The debate around the federal question remained on top of the agenda in British India since the announcement of the Nehru report in 1928. The failure of the Congress in addressing Muslim concerns regarding majoritarian- unitary democracy model ultimately led to the partition of India in 1947. In this paper the debate around the federal question and the demands for consociational democracy in Pakistan movement would be studied in detail and it will be analysed how far the failure of addressing the federal question was responsible for the partition of India. Keywords: Majoritarian Democracy, Indo-Pak History, Consociationalism, All India Muslim League, Muslim Separatism

"With its ambiguous mix of weak federalist and strong centralist elements, the Austrian constitutional architecture has been subject to conflicting interpretations and claims from its very beginning. The written 1920 constitution has been paralleled by informal rules and forces making up for the imbalance of power between national and subnational authorities. Understanding these inherent weaknesses, virtually all political actors involved are well aware that reforming the allocation of rights and duties between the different levels in the federal state is urgently needed. In recent years, several initiatives of recalibrating the system of power-sharing between the different levels of government have been initiated. So far progress has been modest, yet the reform process is still underway. The contributions to this volume shine a light on history, presence, and future aspects of the Austrian federal system from historical, juridical, economic, and political science perspective. The volume is also the first book in English ever devoted to the Austrian version of federalism."

Cover -- Half-Title -- Title -- Copyright -- Contents -- Acknowledgements -- 1 Introduction -- PART I Federalism and the Modern State - Friends or Foes? -- 2 Federalism, Freedom and Order -- Introduction -- Federalism as an instrument for the restriction of the
sphere of authority and the enlargement of the sphere of freedom -- Federalism as a road for overcoming the antinomy between freedom and order -- Conclusion -- 3 Federalism and Democracy -- Introduction -- Madison versus Althusius -- Federalism and democracy in the historical arenas of finished and unfinished political communities -- US federalism as an instrument for discouraging democracy -- Swiss demoicracy for given historic communities -- Federalism without democracy in Yugoslavia as one unfinished state -- Conclusion -- 4 Federalism and the Making of Nations -- Introduction: Nation, state and federalism -- The making of the US federal nation -- Federalism and the building of the German nation -- Swiss nation building beyond the civic versus ethnic model -- Conclusion -- 5 Federalism and the Challenge of Legitimacy -- Introduction: Modern state, legitimacy and federalism -- Vertical competence division in federal states -- US federation -- German federation -- Swiss federation -- Horizontal competence division in federal states -- US federation -- German federation -- Swiss federation -- Conclusion -- 6 The Challenge of Carl Schmitt
for the Theory and Practice of Federalism -- Introduction -- The concept of federation from the perspective of Carl Schmitt -- The federalist answer of Carl J. Friedrich to Schmitt's
anti-federalist challenge -- Schmitt's challenge and the practice of federalism -- Conclusion -- PART II An Attempt to Build European Federation in the Absence of Europeans -- 7 Federal Features of the European Union -- Introduction

Ethnic, linguistic, and religious identities have emerged during the past decade as major challenges to the institutional capacity of the modern state to cope with cultural diversity. As such, multilingualism, which formulates a response to this challenge, has emerged as a new focus of empirical research on federalism. This provides a contrast to classic studies of federalism, which concentrated on the institutional division of powers between a state and its constituent units. Language plays a double role in this: as a thin bond for communication and negotiation between political actors, and a thick system of meanings, carrying the burden of history, religion, culture, ritual, and memory. The article studies this ambivalence of language through a comparison of India and Switzerland, two quite different cases of relatively successful accommodation of linguistic diversity and discusses the constitutional means and policy measures that might enable a modern state to balance regional diversity and national unity in the face of the multi‐ethnic challenge.

"This comprehensive book analyzes the successes and failures of federalism in India, Pakistan, Malaysia, Nepal and Myanmar for the political accommodation of ethno-regional diversity, and assesses their comparative significance for other countries in Asia. This revised new edition incorporates updated demographic, religious and linguistic data for the case study countries, and examines some of the major changes that have taken place in formally federal states since 2010, including: the 18th Amendment of the Constitution in Pakistan, in 2010, which gave a major turn to decentralization by empowering the provinces; the new federal democratic Constitution that was introduced in Nepal in 2015; and the abolition of the Planning Commission, the National Development Council, and the Special Category States status, in India. The author examines growing tensions between nation and state-building in ethnically plural societies; modes of federation-building in Asia; persistent ethnic tensions in federations, and the relationship between federalism and democracy; and federalism and decentralization. The book will be of use to advanced undergraduate and postgraduate students of Asian politics, comparative federalism, and modern Asian political history and institutions, as well as policymakers on ethnic conflict regulation and peace studies, and stakeholders in ethnic power sharing and political order"--

Tracing the evolution of federalist theory and the European Union (EU), an international line up of distinguished experts debate the pros and cons of treating the EU in a comparative context and ask whether a constitutional equilibrium has been reached in the EU. They examine policymaking or modes of governance in the areas of employment, health, environment, security and migration, comparing the EU's policies with policies of both international organisations like NATO, OECD and federal states such as Canada, Japan and South Africa

When insisting that the Sedition Act of 1798 violated the First Amendment, Jeffersonian Republicans cast their argument in historical terms, claiming that the Speech and Press Clauses eliminated any federal power to restrict expression. Scholars, in turn, have generally accepted that Republicans had a consistent understanding of the First Amendment throughout the 1790s. But Founding Era constitutionalism was dynamic in practice, even while often conservative in rhetoric, and scholars have missed the striking novelty of the principal argument against the Sedition Act. Republicans had taken a rights provision and transformed it into a federalism rule. Mostly ignored in the literature, and never analyzed as a central feature of the opposition to the Sedition Act, the problem of partisan jury selection drove the shift in Republican thought. As originally understood, speech and press freedoms put juries primarily in charge of administering governmental limitations of expression. Following the development of political parties, however, Republicans perceived that the guarantee of a jury trial was nearly meaningless when federal jurors were hand selected by partisan federal marshals. In response, Republicans promoted a new reading of the First Amendment. Deeply suspicious of abuse by federal judges and juries, Republicans insisted that the First Amendment deprived the federal government of any authority to regulate speech or the press, even though analogous speech and press clauses at the state level left considerable room for states to regulate harmful expression. This episode reveals a latent tension in eighteenth-century constitutionalism. Some threads of Founding Era thought embraced the notion of a document with fixed meaning, but other features encouraged constitutional evolution as conditions changed. Rather than seeking a principled resolution of this tension, however, Republicans developed entirely new arguments and then cast them in historical terms. The invention of First Amendment federalism also raises the possibility of a different path for modern speech doctrine, guided less by a particular theory of why speech is special and more by practical concerns about political entrenchment and politically biased enforcement.