The contours of our federal system are under constant negotiation, as governments construct the scope of one another’s interests and powers while pursuing their agendas. For our institutions to manage these dynamics productively, we must understand the value the system is capable of generating. But no single conception of this value exists, because the virtues and costs of any particular federa...

Enforcing federalism is most commonly thought to involve the search for a constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution’s commitment to fractionate...

The Social Union framework agreement and the Health Accord provide examples of the close relationship that exists between federalism and the delivery of health care. These recent agreements represent a move from a federal-unilateral style of federalism to a more collaborative model. This shift will potentially affect federal funding for health care, interpretation of the Canada Health Act and t...

Instead of turning immediately to federal legislation, the question of “federalism” then becomes: When is federal action appropriate, and when should the problem be addressed by the states? Over the past fifteen years, courts and legal scholars have attempted to answer this question. This Article presents a framework that provides a new technique to answer this question. This framework analyzes...

Abstract Federalism is ostensibly misplaced to mitigate climate change as a global public concern it prone import the inadequate incentive structures existing at international level into domestic domain. Drawing from legal and procedures of Swiss federalism, this article attempts provide more nuanced assessment relationship between laws designed federalism. It seeks demonstrate that federalism ...

Somalia adopted federalism in 2004 and embarked on its implementation 2012. This paper provides critical insights the reception performance of Somalia’s federal project since The analysis has shown major practical challenges facing structure: constitutional ambiguity lack consensus federalism, difficulties regarding formation member states their border demarcations, status Mogadishu questions c...

The research demonstrates three main findings: (i) worldwide, power-sharing constitutions combining PR and federalism remain relatively rare (only 13 out of 191 states); (ii) federalism was found to be unrelated to any of the indicators of good governance under comparison; and (iii) PR electoral systems, however, were positively related to some indicators of good governance, both worldwide and ...

For several years now, the Supreme Court has disquieted observers and commentators by reasserting the presence of constitutional limitations on national power resulting from the federal structure of the American political system. Although not quite amounting to a revolution in American constitutional law, the recent federalism cases are nonetheless striking. They are, of course, most remarkable...

Throughout its short history, federal relations in Russia have been dominated by extra-legal political and economic relations rather than constitutionalism and the rule of law. The Russian Federation’s unique blend of constitutional, socioeconomic, and political asymmetry, far from promoting democracy, has bolstered authoritarian regimes in the regions. Federalism and regional democracy have al...

The economic theory of federalism is largely built around the premise that more heterogeneous preferences result in more decentralized policy making. Despite its prominence and importance, this central tenet of economic federalism has never been empirically evaluated. This paper presents the first formal test of the link between preference heterogeneity and endogenous policy decentralization us...