Beyond Autonomy forces us to rethink the meaning of autonomy as a central organising pillar of federalism. Can federations exist beyond the autonomy realm designed to promote territorial self-governance and direct representation among various levels of government? How do governments of federal systems interact over the design and implementation of policy in highly topical areas such as security, where the optimal distribution of authority is blurred? Which mechanisms promote the compromise necessary in many of today’s democratic federal systems? How do newly emerging federations in Africa and Asia design federal institutions in order to decrease conflict while promoting national solidarity? How can federal systems protect the rights of non-territorial minorities such as many indigenous peoples? See Less
Author(s): Tracy B. Fenwick and Andrew C. Banfield
Series: Studies in Territorial and Cultural Diversity Governance 12
Publisher: Brill | Nijhoff
Year: 2021
Half Title
Series Information
Title Page
Copyright Page
Contents
Foreword: Reflections on Australia’s Recent Efforts at Federal Reform 2013–15
Acknowledgements
Illustrations
Notes on Contributors
Part 1 Revisiting the Idea of Autonomy in Federalism: Theoretical Considerations
Chapter 1 Beyond Autonomy: Practical and Theoretical Challenges to 21st-Century Federalism
1 Theoretical Goals
2 Empirical Narratives: Institutions and Actors
3 How We Define Autonomy in Federal Practice
4 Outline of the Book
References
Chapter 2 Squaring the Circle? Balancing Autonomy and Intergovernmental Relations in Federal Democracy
1 Introduction
2 Autonomy and Interdependence in Federal Democracy
2.1 Federalism and Interdependence
2.2 Democracy and Autonomy
3 Federalism, Interdependence and Intergovernmental Coordination
4 Linking Democracy and Intergovernmental Politics
5 Conclusion
References
Chapter 3 Is Federalism Natural?: Rethinking Federalism’s Origin, Operation and Significance
1 Federalism’s Origin and Operation
2 The Race to the Bottom and Human Nature
3 Emergence—A Missing Variable
4 Federalism’s Significance
5 Conclusion
Acknowledgements
References
Chapter 4 Sovereignty and Autonomy of Constituent Units in Federal and Regional Systems: A Case Study of Italy
1 Introduction
2 Federalism and Regionalism
2.1 Classic Federations
2.2 Regional States
2.3 Sovereignty and Autonomy of Constituent Units
3 Sovereignty and Autonomy
3.1 In General
3.2 A (Brief) Intellectual History of Sovereignty
3.3 Divided Sovereignty in US Federalism and Its Legacy
4 A Case-Study of Sovereignty and Autonomy in Italy
4.1. A (Brief) Overview of Italian Regionalism
4.2 Sovereignty and Autonomy According to the icc
4.2.1 The Principle of ‘Unity and Indivisibility’ of the State and Constitutional and Statutory Limits to Regional Powers
4.2.2 Historical Reasons
4.2.3 Differences between Regional Councils and the National Parliament
5 Conclusion
References
Part 2 Balancing Autonomy from within: Institutions and Actors
Chapter 5 (Still) in Search of the Federal Spirit: Autonomy and Self-Determination in Multinational Federations
1 Introduction
2 The Federal Spirit
3 Negotiating Autonomy and Self-Determination
3.1 The 1980 Sovereignty-Association Referendum and the 1982 Patriation
3.2 With Honour and Enthusiasm: Meech Lake and Charlottetown Accords
3.3 The 1995 Sovereignty-Partnership Referendum and the Clarity Act
3.4. Open Federalism and Trudeau 2.0
4 (Still) in Search of the Federal Spirit
5 Conclusion
References
Chapter 6 The Political Reconstitution of Canadian Federalism
1 Introduction
2 The Power of Canadian Party Leaders and First Ministers
3 The Political Correlates of Executive Federalism
4 Measuring Party-System Dynamics
5 Data and Results: Intraparty Linkages
6 The Dynamics of Federal–Provincial Bargaining
7 Federal Bargaining and Legislative Dominance
8 Conclusion
References
Chapter 7 ‘Swimming Outside the Flags’: Continuity and Change in Australian Intergovernmental Management
1 Introduction
2 Methodology
3 Findings and Analysis
3.1 The ‘Institutional Layer’ of Intergovernmental Management
3.2 The ‘Ideational Layer’ of Intergovernmental Management
3.2.1 Partisans
3.2.2 Networkers
3.2.3 Agreement Makers
3.2.4 Processors
3.2.5 Policy Drivers
3.2.6 Knowledge Workers
4 Discussion
5 Conclusion
References
Part 3 Challenges to the Autonomy of Federal Sub-units: The Policy Problem
Chapter 8 Australian Health-Care Federalism: Beyond the Logic of Autonomy
1 Federalism and Health Care
1.1 Reversal of Roles
1.2 Common Trends, Different Patterns
1.3 What Use Is Federalism in Health Care?
2 Australia’s Health-Care System
2.1 Arrangements
2.2 Issues
2.3 Intergovernmental Relations
3. Remodelling Australia’s Health-Care System
3.1 Federalism Reform 2007–9
3.2 Health-Care Reform
3.3 The New Structure
4 Decentralization of State Hospital System Governance
4.1 Progress under the nhra
4.2 Changes in Intergovernmental Workings
5 Conclusion
References
Chapter 9 Federalism and Security in the 21st Century
1 Introduction
2 Security and the Division of Powers in Federations
3 Observations
3.1 Principal Public Security Challenges
3.2 Constitutional and Legal Frameworks
3.3 Public Security Operations
3.4 Intergovernmental Relations
4 Conclusion
References
Chapter 10 Sub-National Tax Autonomy in Argentina’s Fiscal Constitution: A Perspective from Recent History
1 Introduction
2 From Fiscal Constitution to Tax and Expenditure Assignment
3 Argentina in the Last Three Decades
4 Conclusion
References
Part 4 Real versus Imagined Autonomy: Emerging Federations
Chapter 11 Real or Imagined Local Autonomy: Experiences from Local Government in Ethiopia, South Africa and Zimbabwe
1 Introduction
2 The Federal Democratic Republic of Ethiopia
2.1 Decentralization in Ethiopia: Motives and Processes
2.2 Local Government Structure in Ethiopia
2.3 Local Autonomy in Ethiopia
2.3.1 Local Autonomy at Constitutional/Statutory Level
2.3.2 Local Government Autonomy in Practice
3 Republic of South Africa
3.1. Decentralization in South Africa: Motives and Processes
3.2 Local Government Structures
3.3 Local Autonomy at Constitutional or Statutory Level
3.4 Local Autonomy in Practice
3.5 The Impact of Local Autonomy in Realizing Decentralization Objectives
4 The Republic of Zimbabwe
4.1 Decentralization in Zimbabwe: Motives and Processes
4.2 Local Government Structure in Zimbabwe
4.3 Local Autonomy in Zimbabwe
4.3.1 The Constitutional Place of Local Government in Zimbabwe
4.4 Local Government Autonomy in Practice
4.5 The Impact of Local Autonomy in Realizing Decentralization Objectives
5 Comparative Conclusion
References
Chapter 12 Concluding Remarks
1 Some Theory
2 Chapter Summaries
3 Future Research
4 Conclusion
References
Index