From Constitutional to Treaty Federalism: A Comparative Perspective

Hueglin, Thomas O.

doi:10.2307/3330935

Cited by 22 publications

(5 citation statements)

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“…The analysis allows reassessing the quality of entangled federalism. As Grodzins (1966) and Hueglin (2000Hueglin ( , 2013 note, entanglement seems to be almost unavoidable in multilevel systems. The economic ideals of institutional congruity, fiscal equivalence (Olson, 1969) and connectivity (see Blankart, 2008: 548) are not feasible under real-life conditions.…”

Section: Concluding Discussionmentioning

confidence: 99%

Marble cake dreaming of layer cake: the merits and pitfalls of disentanglement in German federalism reform

Kropp

Behnke

2016

Regional & Federal Studies

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This article explains the zigzag of the stepwise federalism reform in Germany by accessing the theoretical concept of institutional incongruity. It is argued that the existing imbalance between competencies, policy problems and fiscal resources was further exacerbated as actors adopted inconsistent institutional 'layers' during the sequential reform. Two case studies on higher education and unemployment policy reveal that actors finally reverted to joint decisionmaking and revived ideas of solidarity in order to remedy inconsistent reform results, although 'disentanglement' and competition had been the leitmotivs underlying the first reform step. The article confirms that institutional congruity is hardly attainable in federations. Reform attempts aiming at disentangling responsibilities and fiscal resources encounter insuperable difficulties, because policy issues more than ever transcend the borders of single territorial units and need joint financing. The study concludes by discussing the question whether joint decision-making -compared to dual resp. 'layer-cake' federalism -owns a specific democratic quality. KEYWORDS Joint decision making; federalism refonn; unempl<7fment policy; higher education; Germany We modernize the federal system, which in itself contains the imperative to cooperate .... we realize that we now enter a period in which we need more cooperation ...

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Section: Concluding Discussionmentioning

confidence: 99%

Marble cake dreaming of layer cake: the merits and pitfalls of disentanglement in German federalism reform

Kropp

Behnke

2016

Regional & Federal Studies

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“…The indigenous peoples did this through treaties, another concept that has ancient roots in both Western and Aboriginal traditions, and which shall be described momentarily. The origins of federalism in the Western tradition can be traced to the works of Althusius in the 1600s, and this older thinking on federalism appears to be similar to indigenous concepts, as it focuses on autonomy, mutual dependency, and the processes of communication and shared decision-making (e.g., participatory, inclusive) (Hueglin 1997). Althusian federalism also requires institutional flexibility and a commitment to some form of shared union.…”

Section: Federalism and Indigenous Peoplesmentioning

confidence: 98%

Indigenous peoples: self‐government and intergovernmental relations

Hawkes¹

2001

Int Social Sci J

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The right of self‐determination of indigenous peoples within states often branches in two directions: (1) a drive for more autonomy for indigenous nations and (2) a demand for greater participation in the decision‐making institutions of the state. These two branches of indigenous self‐determination appear to fit very closely with the twin pillars of federalism ‐ self‐rule and shared‐rule. There are many aspects of federalism that can provide a context for accommodating the self‐determination of indigenous peoples within federal states. The drive for greater autonomy, or self‐rule, can be accommodated through a public form of government where indigenous people are the demographic majority in a region, or through the exercise of the aboriginal right of self‐government and the negotiation of intergovernmental agreements. The demand for greater participation in the decision‐making institutions of the state, or shared‐rule, can be met by guaranteed representation for indigenous peoples in the legislatures of federations, in the creation of Aboriginal parliaments, in the creation of state dispute resolution mechanisms to address the needs of indigenous peoples, in the development of treaty‐making and treaty‐renewal processes, and through indigenous participation in the intergovern‐mentalrelations of federal states.

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“…In addition to federal reforms, institutional, political, and jurisdictional safeguards help to balance centripetal and centrifugal dynamics (Bednar, 2009). Furthermore, mechanisms facilitating an ongoing dialogue between conflicting interests are an essential requisite for securing longterm federal stability without stalemate (Tully, 1995;Hueglin, 2000), a concept which Charles Taylor describes as "procedural liberalism" (Taylor, 1992).…”

Section: The German Federalism Reform In Comparative Perspectivementioning

confidence: 99%

Arraying institutional layers in federalism reforms: lessons from the German case

Behnke

Kropp²

2016

Regional & Federal Studies

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The introductory article to this Special Issue offers an analytical framework for investigating federal reforms. By looking through the lens of institutional theory, it provides an avenue for grasping the basic mechanisms which are at work in reform processes. It is argued that the German case which comprises three distinct reform steps stretching out over more than one decade represents an especially suitable example for understanding the general logics of federal reform. As a "prototype• of sequential, asynchronous reforms, it allows for generating theoretical insights beyond the findings of a single case study. The article reveals that layering, sequencing, and the linkage of different arenas are the most relevant aspects to be considered when examining federal reforms. Finally, it is established how the contributions to this Special Issue refer to the analytical categories worked out in this introduction.

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From Constitutional to Treaty Federalism: A Comparative Perspective

Cited by 22 publications

References 0 publications

Marble cake dreaming of layer cake: the merits and pitfalls of disentanglement in German federalism reform

Marble cake dreaming of layer cake: the merits and pitfalls of disentanglement in German federalism reform

Indigenous peoples: self‐government and intergovernmental relations

Arraying institutional layers in federalism reforms: lessons from the German case

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