Shared Rule In Federal Theory And Practice
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Shared Rule in Federal Theory and Practice
Author: Sean Mueller
language: en
Publisher: Oxford University Press
Release Date: 2024-07-09
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations. In Shared Rule in Federal Theory and Practice, Sean Mueller provides a new, in-depth treatment of shared rule, a crucial but so far largely neglected dimension of federalism and multilevel governance. He discusses shared rule's conceptual evolution and defines three different meanings commonly ascribed to it: shared rule as horizontal cooperation, centralization, or bottom-up influence seeking. An original expert survey conducted among 38 federalism scholars in 11 countries is used to measure actual regional government influence over national decisions. Drawing on a wide range of literature, from lobbying and political parties to power sharing and secessionism, the author then investigates the emergence and impact of shared rule thus understood. The evidence presented includes qualitative case studies on Belgium, Canada, Germany, Spain, Switzerland, and the US as well as quantitative, cross-sectional analyses at regional and national level. Mueller shows that shared rule has the potential to become the holy grail of territorial politics in that it satisfies both those wanting greater unity and uniformity of policy making as well as those desiring greater regional autonomy and recognition of diversity. Building on the conceptual and empirical groundwork laid by the Regional Authority Index, he takes us further and deeper still into the mechanics of territorial contestation, cooperation, and cohesion. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, and environmental and urban studies concerned with the dispersion of authority from central states to supranational institutions, subnational governments, and public-private networks. It brings together work that advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and Walter Mattli of the University of Oxford.
Defensive Federalism
Defensive Federalism presents an original contribution to the field of federalism and multinational democracies, exploring the concept of defensive federalism as a protection of self- government against the "tyranny of the majority". The empirical evidence on federal and regional polities often shows critical imbalances in the territorial division of powers beyond what has been formally established in the constitutional rules. This volume highlights the rights, institutions, decision- making processes and procedural rules that can protect and develop the practical political, economic and cultural powers of federated and regional entities, especially those linked to territorial national minorities. The authors focus on federalism as a safeguard of self- rule, as well as a set of institutional and procedural rules to avoid the territorial dimension of the "tyranny of the majority". They answer two fundamental questions: how is it possible to design new stable and fairer federal agreements between national minorities and majorities where there is no single ideal solution? Is there a need for a new kind of "defensive federal model" for approaching national pluralism in liberal democracies? This book will be of great interest to students and scholars of federalism, national diversity and democracy, as well as policymakers and practitioners in both public and private institutions. Chapter 8 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution 4.0 license available at http://www.taylorfrancis.com
Asymmetry, Multinationalism and Constitutional Law
This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.