This edited volume explores the obstacles to and opportunities for the development and entrenchment of a sustainable and representative multinational federalism. In doing so, it tackles a striking puzzle: on the one hand, scholars agree that deeply diverse multinational and multiethnic democracies should adopt federal structures that reflect and empower territorially concentrated diversity. On the other hand, there are very few, if any, real examples of enshrined and fully operative substantive multinational federalism. What are the main roadblocks to the adoption of multinational federalism? Can they be overcome? Is there a roadmap to realizing multinational federalism in the twenty-first century? In addressing these questions, this book brings together scholars from across the globe who explore a diverse range of cases from different and innovative analytical approaches. The chapters contribute to answering the above questions, each in their own way, while also addressing other important aspects of multinational federalism. The book concludes that the way forward likely depends on the emergence of a specific set of norms and a receptiveness to the complex institutional design.

Beyond Autonomy forces readers to rethink the purpose of autonomy as a central organising pillar of federalism asking how modern federalism can be reimagined in the 21st Century.

Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.

The principal aim of this book is to revisit the basic theme of “unity and diversity” that remains at the heart of research into federalism and federation. It is time to take another look at its contemporary relevance to ascertain how far the bifocal relationship between unity and diversity has evolved over the years and has been translated into changing conceptual lenses, practical reform proposals and in some cases new institutional practices. This book is structured around four main parts: (1) the evolving conception of diversity over time and across continents; (2) the interplay between unity and diversity in complex settings; (3) federalism as decision-making and new institutional practices that have been put forward and tested; and (4) constitutional design and asymmetrical federalism as a way to respond to legitimate and insisting claims and political demands.

In Diversity and Unity in Federal Countries, leading scholars and practitioners analyse the current political, socio-economic, spatial, and cultural diversity in the countries under consideration before delving into the role that social, historical, and political factors have had in shaping the balance of diversity and unity. The authors assess the value placed on diversity by examining whether present institutional arrangements and public policies restrict or enhance diversity and address the future challenges of balancing diversity and unity in an increasingly populated and mobile world.

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

The volume offers new and unexplored perspectives on federalism and its relationships with diversity accommodation. It represents the first structured attempt to use federal theory and practice to frame several phenomena of governance in the area of diversity management. Federalism is here tested as a theoretical and practical tool that may help us better understand phenomena such as non-territorial autonomy, participatory democracy and legal pluralism. This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.

Lyndon Johnson heralded a "new federalism," as did Ronald Reagan. It was left to the public to puzzle out what such a proclamation, coming from both ends of the political spectrum, could possibly mean. Of one thing we can be certain: theories of federalism, in whatever form they take, are still shaping our nation. The origin of these theories-what they meant to history and how they apply today becomes clear in this book by one of our most distinguished writers on political thought. The great English republicans of the seventeenth century appear in this story along with their American descendants, who took the European idea of a federal republic and recast it as new and unique. Samuel Beer's extraordinary knowledge of European political thought, displayed especially in discussions of Thomas Aquinas and James Harrington, allows him to show at every turn the historical precedents and the originality of American federalism in theory and practice. In deft comparisons with Hume, Burke, Blackstone, and Montesquieu, the familiar figures of Madison and Hamilton emerge with new substance and depth, while some who would seem fully known by now, such as Ben Franklin, reveal unsuspected dimensions, and others, such as James Wilson, are lifted from obscurity. Beer uses this history to highlight the contrast between the nation-centered federalism of the framers of the Constitution and the state-centered federalism of its opponents. His concern is not only with historical origins but, moreimportant, with a conflict of ideas which reaches far into our history and continues on to this day. The result is the clearest articulation ever given of the provenance and purpose of the ideas of nationalism and federalism in American political philosophy. A masterpiece of historical and political analysis, this book provides an innovative interpretive framework for understanding democracy and the American Constitution.

Until the 1990s social policy played an integrative role in Canada, providing a counter-narrative to claims that federalism and diversity undermine the potential of social policy. Today, however, the Canadian model is under strain, reflecting changes in both the welfare state and the immigration-citizenship-multiculturalism regime. Federalism and the Welfare State in a Multicultural World illustrates that there are clear trends that, if unchecked, may exacerbate rather than overcome important social cleavages. The editors argue that we are at a crucial moment to re-evaluate the role of social policy in a federal state and a multicultural society, and if federalism and diversity challenge traditional models of the nation-building function of social policy, they also open up new pathways for social policy to overcome social divisions. Complacency about, or naive celebration of, the Canadian model is unwarranted, but it is premature to conclude that the model is irredeemably broken, or that all the developments are centrifugal rather than centripetal. Social policy is integral to mitigating divisions of class, region, language, race, and ethnicity, and its underlying values of solidarity and risk-sharing also make it a critical mechanism for nation-building. Whether social policy actually accomplishes these goals is variable and contested. The essays in this volume provide some timely answers.

In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America’s most famous political tract. Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America’s traditional culture; and whether The Federalist’s arguments even suggest the desirability of world government.