The book discusses the issue of autonomy in India’s federal system and its precision and focused nature. It inquires into the various aspects of the problem autonomy of the states and its emerging trends with special reference of Jammu and Kashmir State autonomy. The book addresses many controversial unanswered question like – Should India adopt and opt for ‘dual’ or ‘competitive’ model of federalism, which has long since been discarded even in the land of its origin or should we evolve robust indigenous solutions to our problem of autonomy of States? To change the metaphor, do we choose a ‘regression model’ or a ‘development model’ of our federal polity? All these discussions which deserve sustained citizen interest and national debate, have been answered in the present book.
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.
Throughout the world many sovereign states grant one or more of their territories greater autonomy than other areas. This arrangement, known as asymmetric autonomy, has been adopted with greater regularity as a solution to ethnic strife and secessionist struggles in recent decades. As asymmetric autonomy becomes one of the most frequently used conflict resolution methods, examination of the positive and negative consequences of its implementation, as well as its efficacy, is vital. Asymmetric Autonomy and the Settlement of Ethnic Conflicts assesses the ability of such power distribution arrangements to resolve violent struggles between central governments and separatist groups. This collection of new case studies from around the world covers a host of important developments, from recentralization in Russia, to "one country, two systems" in China, to constitutional innovation in Iraq. As a whole, these essays examine how well asymmetric autonomy agreements can bring protracted and bloody conflicts to an end, satisfy the demands of both sides, guarantee the physical integrity of a state, and ensure peace and stability. Contributors to this book also analyze the many problems and dilemmas that can arise when autonomous regions are formed. For example, powers may be loosely defined or unrealistically assigned to the state within a state. Redrawn boundaries can create new minorities and make other groups vulnerable to human rights violations. Given the number of limited self-determination systems in place, the essays in this volume present varied evaluations of these political structures. Asymmetric state agreements have the potential to remedy some of humanity's most intractable disputes. In Asymmetric Autonomy and the Settlement of Ethnic Conflicts, leading political scientists and diplomatic experts shed new light on the practical consequences of these settlements and offer sophisticated frameworks for understanding this path toward lasting peace.
On the Autonomy of the Democratic State challenges the assumption that elected and appointed public officials are consistently constrained by society in the making of public policy. Nordlinger demonstrates that the opposite is true and systematically identifies the state's many capacities and opportunities for enhancing its autonomy.
This book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change. Dynamic Federalism will be an essential resource for legal, social, economic, and political scholars interested in federalism, regionalism, and de/centralization.
This volume, Minority Self-Government in Europe and the Middle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation. Theoretical discussions transcend examining existing autonomy models in certain regions. It offers new models in the field, discussing such critical themes as environmentalism. Traditional concepts such as self-determination and well-known successful autonomy examples, including the Åland Islands, Basque and Catalonian models, are examined from different perspectives. Some chapters in this volume focus on certain regions (including Turkey, Syria, and Iraq) which have only recently received scholarly attention. Chapters complement one another in terms of their theoretical inputs and outputs from the field.
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.
"Federalism, defined generally as a collection of self-governing regions under a central government, is widely viewed as a sensible choice of polity both for emerging democracies and for established states. But while federal institutions are positively correlated with valued economic, democratic, and justice outcomes, ultimately it is unclear how they are connected and which cause which. In Democratic Federalism, Robert Inman and Daniel Rubinfeld explore how federalism works and propose concrete and proven policy guidance on how federalist policies can be designed and implemented successfully. The authors define federalism according to three parameters: how much federal revenue comes through local governmental bodies, the number of local governmental bodies, and the extent to which these local bodies are represented federally. In applying these parameters to economic concepts and theory, Inman and Rubinfeld explain how federalism works in a way meant to engage scholars in political science and sociology and policymakers drafting regulation in federalist governments. The book offers applicable ideas and comparative case studies on how to assess potential policies and how to actually design federalist institutions from scratch. Both authors have real experience with both, most notably in their work advising the South African government on how to build a federalist democracy. This book will be an essential guide to understanding and applying federalist concepts and principles"--
