Federal Homogeneity from the Bottom Up: Provincial Shaping of National HIV/AIDS Policy in South Africa

Federal homogeneity is not always imposed from the center; subnationalunits can and do influence national policy from the bottom upby developing innovative policies. In South Africa, provincialpolicies in the area of HIV/AIDS shaped national policies withinthe context of the overarching normative structure of the nationalBill of Rights. The conditions under which this happened were(1) constitutional space for a province to develop an innovativepolicy and practice, (2) the necessary political will to exploitthe constitutional space, and (3) the judicial and politicalimpact of a province's innovative policy on the national policy.While provincial policy informed the court decision, it alsofurthered the political debate nationally. Finally, intergovernmentalcompetition played an important role in countering the monopolistictendency that can be produced by cooperative government.     

Federal Arrangements as a Peacemaking Device During South Africa's Transition to Democracy

Federal arrangements are often used as a way of keeping deeplydivided societies together. In particular, where divisions,be they ethnic, linguistic, or religious, develop in violentconflict or the threat of civil war, constitutional arrangementsfor self-rule and shared rule have been put forward as a keyto peace. The federal distribution of power is then used tosatisfy sectoral demands for self-determination.