Sense on Federalism

Debate on the relevance (or otherwise) of federalism to the development of the European Union is often characterised by mutual incomprehension on either side. Close inspection, however, reveals that the high temperature of argument may not be solely due to differing visions of the finalite politique. For the precise meaning of the federal concept in political science remains unsettled. This article looks back to the earliest origins of federalism, in order to establish a firm basis for suggesting improvements. The idea of divided sovereignty, ‘invented’ in America and now thought to lie at the heart of the federal concept, is identified to be a false construction. On these grounds, it is proposed that the definition of federalism be clarified today as not ‘a division of sovereignty between two levels of government’, but instead ‘a division of the powers flowing from sovereignty between two levels of government of equal status’.     

孟德斯鸠与列宁权力制衡理论之比较

孟德斯鸠和列宁都主张对权力进行制衡,以避免权力过度集中带来的危害,但他们的权力制衡理论有很多不同之处。本文从权力制衡的目的、制约机制、权力制衡的主体等三个方面对两人的权力制衡理论作了初步的比较。     

Federalism and Safety on America's Highways

Safety on America's highways has long been an important statepolicy issue, but since the 1960s Congress has used incentivegrants, crossover sanctions that threaten to withhold federalhighway funds, and diversionary sanctions that force statesto use highway funds for safety purposes as a means of compellingstates to adopt traffic safety policies. In an effort to promotepublic health, Congress has, at times, pushed states to adoptlower speed limits, mandatory motorcycle helmet laws, occupantprotection laws, and laws designed to deter impaired driving.This article examines which fiscal tools have been effectivein getting states to adopt traffic safety policies, how stateshave responded to changes in federal priorities on public healthgoals, and the implications of these policy efforts for publichealth.     

Felix Morley on Freedom and Federalism

Federalism was central to Felix Morley's political thought becausehe regarded federalism as being essential to the protectionof individual freedom in the United States. Federalism protectsfreedom, argued Morley, by limiting government, constrainingthe potential tyranny of a national majority, and reservingcontrol over local affairs to local citizens. In turn, he believedthat freedom is necessary for the maintenance of federalism.Freedom, however, was being threatened by the rise of the social-welfarestate and a militaristic foreign policy, both justified in thename of a centralizing Jacobin democracy destructive of Americanfederalism.     

Try Federalism

The present article follows up a previous study (Anckar 1998) which showed a strong association between size and party system fragmentation. The aim of the article is to see whether the explanatory power of size can, in fact, be attributed to a federal form of government. 77 countries with free party systems constitute the research population. The dependent variable has three components: number of parties, electoral support for the leading party, and the 'effective number of parties' calculated according to the Laakso-Taagepera formula. Preliminary tests reveal that federal states have a more fragmented party system than unitary states. However, when controlling for size, electoral system, the 'effective threshold,' and presidentialism, the results clearly show that federalism is overshadowed by size and also, to a lesser extent, by the effective threshold.     

Political Ontology and Institutional Design in Montesquieu and Rousseau

Historians of political thought have been puzzled by Montesquieu's simultaneous appeals to the diversity of human practices and eternal norms of justice. Isaiah Berlin famously referred to this as an impassable “contradiction” burdening his work. Careful examination of Rousseau's appropriations from and developments on Montesquieu, however, reveal that these observations are not merely reconcilable—they provide a fruitful way to approach legislation and constitution drafting. This is accomplished by understanding his employment of the principle of transcendent constrained indeterminacy.     

Federalism and Decentralization: Ownership Rights and the Superiority of Federalism

The benefits and costs usually ascribed to federalism are benefitsand costs of decentralization; they are, therefore, presentin unitary states that are in fact all decentralized. The benefitsand costs specific to federalism pertain to ownership rightsin constitutional powers. Federalism is superior to confederalismand unitarianism because the ownership rights peculiar to thatsystem of government are such that they ensure the perduranceof competition when one or more competitors are unsuccessful.They do so because under federalism, powers cannot be repossessedunilaterally. Ownership rights have to be enforced; as a consequence,there are also costs that are specific to federalism.     

Collaborative Federalism

Famously, federalism combines self-rule with shared rule or unity with diversity. Typically, the mix is achieved by creating or preserving two levels of government, each with a direct relationship with the people, and by dividing power between them. Traditionally, unity is achieved through the exercise of power by the central government, in relation to the polity as a whole. Diversity is the consequence of the exercise of power by sub-national governments over a portion of the population, generally territorially identified. The boundaries of power between the two spheres are secured by entrenching them in a written Constitution established as fundamental law, which is interpreted and applied by a court or courts.     

American Federalism on the Horizon

The American federal system took some unpredictable twists andturns during the twentieth century. As a new century—indeed,a new millennium—begins, which trends are likely to continue,which are likely to dissipate? What issues pose the greatestchallenges for the intergovernmental system? This article plotsseveral possible paths along which the federal system couldtravel over the next decade. The fundamental issue in Americanfederalism is a perennial one: How will the balance of powerbetween the federal government and the states change? Otherkey issues facing American federalism are identified and theirlikely impacts examined. The article concludes with an assessmentthat the next decade in American federalism may be surprisinglyrobust.     

Federalism and Consociational Regimes

Federalism and consociationalism are useful means of understandingpolitical systems. Federalism and consociationalism are bothbased on compound majoritarianism rather than simple majoritarianism,and both represent modern attempts to accommodate democraticcomplexity and pluralism, but the two systems are not quitesymmetrical, and territorial organization is not the only characteristicthat differentiates them. Instead, it can be said that federalismrelates to the form of a polity, while consociationalism relatesto the character of a regime. To the extent that federalismmay also function as the character of a regime, then federalismand consociationalism may be more symmetrical. One of the ambiguitiesof federalism is that it is often both form and regime. Consociationalism,however, relates only to regime.     

Pragmatic Federalism: Australian Federalism from Hawke to Howard

The article explores the nature of Australian federalism by examining four major themes in the period from Hawke to Howard. The investigation of these themes – Australian conceptions of federalism; the role of party in shaping federalism; the way problems and politics have influenced policy‐making and thereby federalism; and the nature of federal judicial review – suggests that Australian federalism can most accurately be characterised as pragmatic. It appears as a federalism shaped by pressing problems, specific policy agendas and the prevailing political dynamic, rather than by overarching conceptions of federalism derived from political theory or articulated in party ideology. This pragmatic federalism explains important aspects of Australian federalism, especially the trend towards centralisation of authority.     

Constitutionalism and experimentalist governance

This comment explores how experimentalist governance is connected to wider constitutional questions and makes two claims. First, there are good reasons to believe that experimentalist governance can only flourish in a world where the precepts of liberal democratic constitutionalism have been widely accepted and institutionalized. Experimentalist governance is part and parcel of the world of liberal democratic constitutionalism. Second, it is not only governance in Europe that can be described in experimentalist terms. The concept is also useful to describe the dynamics of European constitutionalism.     

Devolutionary Federalism and Elazar's Typology: The Arkansas Response to Reagan's New Federalism

This article examines the relationship between the federal andstate governments with regard to the Reagan administration'sNew Federalism. The underlying concern centers on the financialrelationship among governments portrayed by Elazar's typologyof federal aid. The focus of this investigation is directedtoward the adjustments being made by the states to accommodatethe financial and administrative changes occurring on the nationallevel, as illustrated by the case of Arkansas. The analysiscenters on two questions: 1) Has the New Federalism initiativeachieved Reagan's goals of decentralizing governmental authorityback to the states? 2) Has a major redirection in the federalsystem been achieved by reducing the federal financial obligationin the intergovernmental system? The changes being made in thefederal system, as reflected by the adjustments occurring amongthe states, may signal an important realignment of federalism.     

Canadian Federalism Revisited

The crisis in Canadian federalism is examined in its historicalcontext, with particular emphasis on regionalism, provincialand national assertions of power, the institutional framework,and intergovernmental consultation. Current problems are consideredin relation to the new Constitution.     

The Federalism Debate

These papers examine current Australian federalism from the perspectives of an academic and a practitioner. Both acknowledge the opportunities arising from the current White Paper process, as well as challenges in the face of substantial cuts of proposed funding from the Commonwealth to the States. They insist upon the need for renewed commitment to the idea of federalism, and the importance of sustainable fiscal arrangements within the federation. Challenges in Reforming Australian federalism reminds us of the kind of federalism operative in Australia – concurrent, not coordinate – and develops reform proposals accordingly. Ten Steps to a Better Federation offers a range of ideas from a former state premier, drawing on his experience as both a participant at Council of Australian Government (COAG) and, later, Chair of the COAG Reform Council.     

Federalism and the shadow economy

This paper analyzes the relationships between federalism and the shadow economy. The theoretical analysis leads to the conclusion that the shadow economy is smaller in federal countries than in unitary states. The mobility of individuals among competing jurisdictions leads policy makers to adopt policies that are more efficient in terms of taxation and public good provision. This increases the return for activities in the formal sector relative to those in the informal one, thus reducing activity in the shadow economy. A cross-sectional empirical analysis of a sample of 73 countries confirms this theoretical prediction.     

Federalism and America's Public Works

On 24 February 1988, the National Council on Public Works Improvementsubmitted its final report on the nation's public works to thepresident and the Congress. The report concluded that America'sinfrastructure is not in ruins, as charged by the landmark bookentitled America in Ruins. The report did say, however, thatthe nation's infrastructure is only barely adequate and gettingworse. The council urged the nation to reverse course and givegreater attention to infrastructure renewal and expansion. Inthe council's view, federalism will be a major factor in thesuccess of the needed turnaround. Such change will require sharedresponsibilities involving the federal, state, and local governmentsplus the private sector. Significant changes in the relationshipsamong these actors have made the 1980s a decade of transition,diminishing federal influence on infrastructure issues.