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Article

Subnational policymaking is central to LGBT politics and law, in contrast to other arenas of policymaking for marginalized groups. With barriers to national policymaking in Congress and in the federal courts, LGBT rights activists have leveraged opportunities at the state and local levels to create LGBT-supportive policies. Opponents have also used subnational politics to further their agenda, particularly direct democracy, while LGBT rights activists have used elite politics, such as state courts, effectively. Subnational LGBT politics is also marked by a significant variety in policy outcomes, with a notable urban and suburban versus rural divide in policymaking and in the presence of openly LGBT elected officials. The case of LGBT policy and law has caused scholars to rethink questions such as the role of public opinion in state policymaking, morality politics, and courts and social change.

Article

Logical models and statistical techniques have been used for measuring political and institutional variables, quantifying and explaining the relationships between them, testing theories, and evaluating institutional and policy alternatives. A number of cumulative and complementary findings refer to major institutional features of a political process of decision-making: from the size of the assembly to the territorial structure of the country, the electoral system, the number of parties in the assembly and in the government, the government’s duration, and the degree of policy instability. Mathematical equations based on sound theory are validated by empirical tests and can predict precise observations.

Article

Jami K. Taylor, Donald P. Haider-Markel, and Daniel C. Lewis

The LGBT policymaking process in the United States is fragmented and LGBT citizens face different policy contexts depending on which local government and state they reside in. With a lack of national consensus on LGBT rights and the country’s federal political system, which allows states to have substantial policymaking authority, policymakers have created a diverse and decentralized set of policies. Indeed, this governmental system significantly shapes the opportunity structure for the adoption of LGBT inclusive policy. It allows for remarkable LGBT rights advances in some states and localities, but little to no progress in others. States in the Northeast and on the West Coast tend to have more LGBT inclusive policies than those in the South or Midwest. In some instances, localities in states that lack inclusive policies engage in compensatory policymaking to provide added LGBT protections. However, the ability of localities to do this is shaped by state law concerning home rule authority and whether the state legislature has decided to proscribe such action. When trying to advance LGBT rights policy, advocates must venue-shop for favorable policymaking circumstances. Favorable circumstances commonly include institutional control by Democrats or municipalities with greater diversity, higher education levels, and more people engaged in management, business, science, and arts occupations. Opponents to LGBT rights are engaged in venue-shopping as well, but they normally hold the defensive advantage of maintaining the status quo. Both proponents and opponents of LGBT rights have used the court systems of states and the national government to shape LGBT rights related policy.

Article

Federations have existed in a modern form since the constitution of the United States entered into force in 1789. Riker defines a federation as follows (1975, p. 101) “a political organization in which the activities of government are divided between regional governments and a central government in such a way that each kind of government has some activity on which it makes final decision.” The process of getting to the federation, the integration process, is best described as federalism. There is some agreement on the core of what a federation is, and some disagreement over whether to apply the term “federation” strictly to states and state-like actors or in a broader sense. Federations are concrete ways to organize government, but in many writings, they are also given positive attributes, such as enhanced democracy and efficiency, too. There are two ways to think about federalism: as a politico-ideological theory of action and as an academic theory of regional integration. The first theory is propagated by writers such as Richard Coudenhove-Kalergi, Jean Monnet, and Altiero Spinelli. This theory is of political rather than academic interest. Academic theories of regional integration are divided into two groups, following the common practice in international relations theory: liberal theories (by far the largest group) and realist theories. Federalism theory as a theory of regional integration was abandoned too early because, inter alia, it had been linked to the development of the European Community, which was in crisis from the mid-1970s till the mid-1980s. This was a mistake. Federalism theory provides the scholar with at least two tools. First, under the title “federation,” it introduces a large number of theories, methods, and empirical studies on how to analyze the European Union and other regional integration projects. Second, as a federalism theory, especially in the realist or the Riker-McKayian version, it provides a theory of how countries may unite peacefully. This approach must be developed in terms of (a) the concept of threat, which must be broadened to include economic, social, and cultural elements, and (b) the role of a basic common culture, which primarily facilitates the founding of the federation and constitutes the foundation securing the maintenance of the new federation. A brief analysis of the development of today’s European Union, following the realist approach, demonstrates that, broadly speaking, a correspondence exists between threat and the integration process: In times of threat, the process of integration and federalization advances; in periods of peace and no crisis, the integration process stagnates.

Article

Subnational governments are increasingly involved in foreign policy and foreign relations in activities usually labeled as paradiplomacy or constituent diplomacy. This phenomenon is due to the rising capacity of substate territories to act in world politics and has been aided by advances in transportation and telecommunications. National governments’ control of foreign policy has been permeated in many ways, particularly with globalization and “glocalization.” Since 1945, subnational governments such as Australian states, Canadian provinces, and U.S. states have sought to influence foreign policy and foreign relations. Subnational leaders began traveling outside their national borders to recruit foreign investment and promote trade, even opening offices to represent their interests around the world. Subnational governments in Belgium, Germany, and Spain were active in world politics by the 1980s, and these activities expanded in Latin America in the 1990s. Today, there are new levels of activity within federal systems such as India and Nigeria. Subnational leaders now receive ambassadors and heads of government and can be treated like heads of state when they travel abroad to promote their interests. Not only has paradiplomacy spread to subnational governments across the world, but the breath of issues addressed by legislatures and leaders is far beyond economic policy, connecting to intermestic issues such as border security, energy, environmental protection, human rights, and immigration. Shared national borders led to transborder associations being formed decades ago, and these have increased in number and specialization. New levels of awareness of global interdependencies means that subnational leaders today are likely to see both the opportunities and threats from globalization and then seek to represent their citizens’ interests. Foreign policy in the 21st century is not only affected by transnational actors outside of government, such as multinational corporations and environmental groups, but also governmental actors from the local level to the national level. The extent to which subnational governments participate in foreign policy depends on variables related to autonomy and opportunity. Autonomy variables include constitutional framework, division of power, and rules as determined by legislative action or court decisions. Opportunity variables include geography, economic interdependence, kinship (ethnic and religious ties), as well as partisanship and the political ambitions of subnational leaders. Political culture is a variable that can affect autonomy and opportunity. Paradiplomacy has influenced the expectations and roles of subnational leaders and has created varying degrees of institutionalization. Degrees of autonomy allowed for Flanders are not available for U.S. states. Whereas most subnational governments do not have formal roles in international organizations or a ministry devoted to international relations, this does occur in Quebec. Thus, federalism dynamics and intergovernmental relations are evolving and remain important to study. In future research, scholars should more fully examine how subnational leaders’ roles evolve and the political impacts of paradiplomacy; the effects of democratization and how paradiplomacy is diffused; how national and subnational identity shapes paradiplomacy, and the effects paradiplomacy has on domestic and international law as well as political economy. The autonomy and power of subnational governments should be better conceptualized, particularly because less deference is given to national-level policy makers in foreign policy.

Article

Intergovernmental relations in Latin America present a varied sample of both institutional determinants and actual dynamics. Constitutional structures regulate whether countries have a federal or a unitary system of territorial distribution of power and stipulate the territorial levels of government. Thus, constitutions structure the number of vertical and horizontal intergovernmental relations. Actual dynamics, however, depend on policy prerogatives that establish subnational authority vis-à-vis the national administration. These prerogatives, usually understood in terms of power, responsibilities, and resources, shape the territorial balance of power within a country. Power, responsibilities, and resources can be combined to apprehend the degree of authority in the hands of regional governments. Such authority is analytically organized into two dimensions: the regional power of self-rule and the power to share rule with national decision makers. This distinction helps to explain that the trend toward increasing regional authority is mostly a product of decentralization and devolution politics that have enhanced self-rule, rather than reforms that advance the shared rule dimension. Nevertheless, neither constitutional structures nor new regional policy prerogatives are the only determinants of the dynamics of intergovernmental relations. Informal institutions, such as subnational coalitions and local political clientelism, are particularly relevant to understanding the actual balance of power between national and subnational governments and among subnational arenas.

Article

On June 26, 2015, the U.S. Supreme Court determined that same-sex couples have the right to marry, and newspapers across the country declared that gay couples could now exercise this right in all 50 states. While the Obergefell decision was an important moment in history and a significant victory for the LGBT movement, it was not an immediate and complete change in policy. Rather, the change emerged slowly over decades from numerous complex interactions among federal, state, and local governmental actors. These same actors continue to influence marriage equality even after the Supreme Court’s historic ruling. A careful consideration of the path of marriage equality demonstrates the importance of federalism in the evolution of policy in the U.S. context. Not only does the extent of federal involvement influence state decision-making, but state policies also respond to the policymaking processes in other states. Examining the progression of marriage rights for same-sex couples also illustrates how variation in state government institutions shape policy outcomes in the U.S. system. For example, aspects of state courts such as judicial capacity influence the nature of state policy responses on the issue of gay marriage. Finally, focusing on marriage equality provides an opportunity to consider how institutions of government and political actors strategically interact to influence the policymaking process. For example, advocacy coalitions make strategic choices to focus on levels and institutions of government that are more responsive to their interests. Overall, same-sex marriage policy and the scholarship that investigates it highlight the complex and sometimes convoluted development that characterizes the policymaking process on many important issues in American politics and society.

Article

Debate on the future of the European Union (EU) never abates because the Union is a polity characterized by considerable change in its internal and external environment. Scenarios are an important tool in mapping possible futures for the Union as they bring underlying trends into focus. Four scenarios on the future of the EU are presented: disintegration, piecemeal adjustment, functional federalism, and a United States of Europe. The political and policy battle concerning the future of the Union is between scenario piecemeal adjustment, the dominant response to the crisis and to events on Europe’s borders, and functional federalism, defined as more integration but in defined fields. Piecemeal adjustment represents a Union that muddles through, incremental reform, whereas functional federalism represents a Union that garners sufficient political capacity to be more strategic in particular functional areas. Systemic disintegration is regarded as unlikely, but partial disintegration may occur because of the exit of the United Kingdom, challenges to a number of EU regimes, and the threats to the Union’s normative order from some member states. A united states of Europe, is highly unlikely as the member states are not in favor of transforming the Union into a state-like federation. The degree of contestation about the future of the EU precludes a transformation of the system at this juncture. Three intervening factors will have a major impact on the future of the EU: the profound changes in the global environment, turbulent politics in the member states, and the Franco-German relationship as a source of leadership in the Union.

Article

The politics of Nigeria have often been considered a matter of managing social diversity in a political economy whose extremes have been exaggerated by oil money. But this story is incomplete without thinking instead more deeply about inequality, about political party origins and ideologies as well as identities, and about politics beyond parties and elections. Bureaucracy, mass mobilization, and everyday practice are equally important issues in Nigerian politics as the country moves through another economic transformation. Nigeria’s political structures have been built around questions of managing diversity and allocating resources, and the country’s federal system embeds a tension between how much power is managed from the center and how much is devolved to the constituent states and local governments. As well as parties, legislatures, and executives, security institutions have been prominent in the country’s political formation, and public institutions are both formed around, and are vectors of forming, elite social networks. Partly due to long-standing models of social legitimacy and partly as a result of the kind of identity politics Nigeria has chosen to manage diversity, models of citizenship based on localized belonging are pervasive drivers of political patterning. Political factions and parties, often characterized as election-winning aggregations of patron-client networks, also however embed distinct historical ideological traditions, which chart Nigeria’s movements between liberal capitalism and state-directed development and which have driven both domestic debates and a continental and regional leadership role. Tensions around inequalities and the realm of the political more generally cannot be understood as a matter of governmental institutions alone but bring in religion, gender construction, labor movements, the media, civil society, and new social movements, as well as the “ineffable politics” of tactic, techniques, norms, and practices that fix the realm of the political as a key part of everyday social and economic life.

Article

Kees van Kersbergen and Bertjan Verbeek

Since the Maastricht Treaty (1993), subsidiarity has guided the political process surrounding the distribution of competences between administrative layers in the European Union (EU). The EU’s subsidiarity regime affects the politics and governance of the EU, because the notion of subsidiarity allows for continuous negotiation over its practical use. The constant battle over subsidiarity implies that the notion changes its meaning over time and alters the power relations between different actors within the EU. Since the Lisbon Treaty (2009), subsidiarity has mainly strengthened the position of member states at the expense of the Commission.

Article

Arantza Gomez Arana

The development of political and economic relations between Spain and the European Union commenced in 1970 with their first agreement and demonstrated the clear interest on the Spanish side to engage with this new Community. The full membership to the then European Community that took place in 1986, was previously supported by the Spanish political class when the country returned to democracy. In the more than three decades of membership, Spain has become the border of Europe in a key geopolitical part of the continent. It has contributed to the development of several Justice and Home Affairs measures and it has helped to the development of European external relations with other countries. Thirty-four years after joining the Community, history has demonstrated that Europhilia is still more important than any unintended consequences developed with the membership, including the Eurocrisis. Its roots could be found in Spain’s recent political and economic history, where isolationism and impoverishment dominated the country for most of the 20th century and the option of joining the Community was seen as a positive move against their political and economic problems. The membership has provided stability in some Spanish political and economic matters, but has not fully resolved the long-term and structural problems that this Iberian country suffers from. However, throughout this journey, Spain has held to a pro-EU sentiment, even in recent times, while other EU countries suffer from high levels of Euroscepticism. This chapter argues that despite some of the negative consequences of joining the European Union, Spain’s recent history has been too significant to transform its Europhilia into Europhobia.

Article

During the anticolonial struggle and immediately after independence, African political leaders were preoccupied with the creation of a “nation-state.” As a result, many of postcolonial African leaders not only promoted national unity but also instituted centralized governance. Unity and centralization were considered important antidotes to the challenges of consolidating postcolonial states, which by and large were created by the partitioning of the continent by colonial powers. As a result, many of the postcolonial leaders were hostile to federalism in general and power-sharing in particular. This explains why many of the federal arrangements, which were created by departing colonial powers, were dismantled within the first few years after independence. In contrast to the earlier periods, the 1990s could be regarded as a turning point for federalism and devolution of power in the continent. Among African states, Nigeria, Ethiopia, and South Africa could be considered fully fledged federations, which have constitutionally devolved power to different tiers of governments. There is also an ongoing attempt to establish a federal system in war-torn Somalia. Some argue that, although federalism does not have a stellar record in postcolonial Africa, it is possible to contend that in the foreseeable future the importance of federalism will grow in the continent given the challenges that many African countries face in the management of their ethnolinguistic diversity. This is evidenced by the increasing application of the federalist principles of decentralization by several African countries.

Article

Political regulation of ethnicity has been a core dimension of state-building in Africa, and a set of different macro-political strategies was applied in African postcolonial states to deal with ethnic heterogeneity. One set of strategies consisted in attempts to completely eliminate political manifestations of ethnicity, violently through genocide (Rwanda, 1994) or mass expulsions of ethnic minorities (Uganda, 1973), consensually through secession of autonomous provinces (Eritrea, 1993; South Sudan, 2005), through legal instruments that ban the political expression of ethnic identity such as party bans, or via coercive variants of assimilation (Rwanda, 2001). An opposing option promoted the formal recognition of ethnicity through consociationalism (Burundi, 2005), ethnic federalism (Ethiopia, 1995), ethnic minority rights (Mauritius), or hegemonic control (apartheid South Africa). Many African countries have instead opted for an informal accommodation of ethnic identity in politics, which combines the pursuit of civic nationalism and ethnic party bans with a de facto recognition of ethnic group rights through informal power-sharing, centripetal institutions, or variants of federalism which shift resources and competencies to subnational levels. The choice of strategies is, however, constrained by how interethnic relations have been shaped in the process of postcolonial state-building. Both strategies of elimination and of formal recognition are applied in ranked societies where one racial or ethnic group managed to take control of the state and in which class corresponded with ethnic affiliation. South Africa, which also belonged to this group, seems to be the only country where a liberal model of civic nation is pursued along with a strong recognition of the country’s diversity in the political and constitutional architecture.

Article

Edith Drieskens

Belgium is one of the six founding members of European integration, but it is often seen as a special one. In both policy and research, the country is widely known as the “heart of Europe.” It even sells itself to the outside world in this way. This metaphor has a double meaning, a literal and a figurative one. First, Belgium’s capital, Brussels, qualifies as the unofficial capital of the European Union. This meaning is strongly supported by facts, with the city hosting the most numerous and the most important institutions. The second meaning requires more detailed consideration. Indeed, and second, Belgium is perceived to be the most European of all European countries, even prepared to exchange sovereignty for supranationalism at any time and any price. A closer look at data, decisions, and developments shows, however, that while support for European integration is widespread, it is not omnipresent either in time or in place. Particularly in Flanders, the northern part of the country, support has been less obvious than elsewhere. Indeed, to understand Belgium and/in the European Union, one also has to understand the functioning of Belgium as a federal state composed of communities and regions, thus as a system of multilevel governance. While it is not the only federation among European Union member states, it uniquely combines a wide variety of federal characteristics. Most importantly here, the gradual process of federalization that Belgium has experienced has given the federated entities a strong voice in European Union decision-making. Member states still need to speak with one voice, however, resulting in a complex system of coordination and representation. The possibilities and realities of this system have attracted quite a lot of scholarly interest. The same goes for the rather fundamental question of whether the European Union and federated entities should be seen as unintended partners in the hollowing out of the federal state or whether the opposite holds true and the European Union is coming to Belgium’s rescue. The jury is still out on this, though the answer seems to be growing more and more complex as time passes.