For Hannah Arendt, the federal system is an effective mode of organizing different sources of power while avoiding sovereign politics. This article aims to contribute two specific claims to the burgeoning scholarship on Arendt’s international federalism. First, Arendt’s international thought calls for the balancing of two demands: the domestic need for human greatness and flourishing, and the international demand for regulation and cooperation. Second, her reflections on council-based federalism offer a nuanced position that views the dual elements of (...) equality in politics (intra-state and inter-state equality) as neither contradictory nor reconciliatory but rather as ideal types along a continuum. This study shows that, through the unique form of federalism emphasizing the need to balance two demands of free politics with a clear acknowledgement of its precariousness, Arendt’s thinking adds much-needed sensitivity to international discourse. (shrink)

This paper explores the relationship between federalism and individual liberty. It is shown that a complete treatment of the relationship between federalism and individual liberty should consider two countervailing effects. On the one hand, a federalist structure enhances individual liberty by enlarging the choice set of the citizens. On the other hand, however, a federalist system leads to institutional diversity, a fact that per se leads to higher exit costs, which a citizen must bear if he or she (...) decides to change jurisdictions. This effect on individual liberty is a negative one, since a consequence of every increase in the exit costs is a decrease of individual liberty. The optimum range of diversity of jurisdictions is shown to lie where the two effects counterbalance each other. (shrink)

Centripetalism is often perceived as a type of a political system for a multi-segmental, especially multi-ethnic, country in order to create among the members of the political elite of integrative and moderate political behavior cross-cutting segmental divisions which, reaching beyond group interests, depoliticize the segmental separateness and, in this manner, reduce their significance. One of the central institutions of centripetalism is decentralization leading to a division of large segments into smaller parts that inhabit different, ideally multi-segmental regions, thus inclining regional (...) political elites of different segments to collaborate. Although both Nigeria and Indonesia have similar centripetal territorial structures, only Nigeria is a federation. This paper focuses on Nigerian centripetal federalism and its link to the so-called federal character principle that is mostly consociational in substance. (shrink)

The paper presents a novel take on the character of South Africa’s governance structure. It argues that, insofar as it constitutionally recognises traditional authorities, figures who rule in accordance with idiosyncratic and localised customary laws, as well as instigate a cheek-by-jowl existence of an asymmetrical property law (where in the urban setting land is nominally bought or transferred for sale, but in traditional rural areas granted by the chief), manifest in the differentiated land laws brought about by the Communal Land (...) Rights Act of 2003, is more akin to, and necessitates a definitional alignment with, the federal system of government than a unitary one – or at least a weak “federalism with South African characteristics.”. (shrink)

Alison L. LaCroix is Assistant Professor of Law at the University of Chicago Law School, where she specializes in legal history, federalism, constitutional law and questions of jurisdiction. She has written a fine, scholarly volume on the intellectual origins of American federalism. LaCroix holds the JD degree (Yale, 1999) and a Ph.D. in history (Harvard, 2007). According to the author, to fully understand the origins of American federalism, we must look beyond the Constitutional Convention of 1787 and (...) range over the colonial, revolutionary, and founding periods including developments in the early republic. LaCroix questions both the idea that American federalism originated, all at once, at the Constitutional Convention of 1787 and the idea that republican ideology (with its strong emphasis on legislative power) was the single dominant framework of eighteenth-century American political thought. Versions and elements of federalist or con-federative ideas were also long present and in a process of development. (shrink)

What powers do to several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the power that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author's own (...) concept of "de-emption". The United States Senate's explicit refusal to ratify the Kyoto Protocol, coupled with the consequent state initiatives to control greenhouse gasses - especially the documents concluded between New Jersey and the Netherlands, provide rich examples of these tools in contemporary action. (shrink)

The article examines the role of ethnic favoritism in maldistribution of national resources in Kenya and discusses two broad proposals for attacking such corruption. Evidence drawn from research in Kenya disproves the view of Chabal and Daloz, who argue that Africans prefer to distribute goods according to ethnic ties, and shows that frustration with the lack of alternatives to such a system, rather than enthusiasm for it, drives cooperation with corrupt maldistribution. One solution to the problem is to decentralize government (...) so that resources are retained locally. A second solution is to attack the culture of appropriation and push for a fair evaluation of needs and the equitable distribution of national resources to where they are needed most. Drawing on the ideas of Hannah Arendt, the article proposes a modified federalism where government is small enough to enlist the help and support of locals but powerful enough to provide funds to impoverished sectors of the country. (shrink)

Krzysztof Trzciński, ‘The Concept of an Ethnic Upper Chamber in a Bicameral Parliament in an African State (Part 1).’ The article has been published in “Afryka” 34, 2011, pp. 30-42. It consists of two parts. Part 1 explains Nigerian political thinker Claude Ake’s concept of the ‘chamber of nationalities,’ in the context of the idea of recognizing and strengthening the ethnic groups’ rights in a multiethnic African state. According to the concept, in an African state, a bicameral parliament should be (...) constituted. Its upper house should be created based on the existing ethnic divisions, allowing all ethnic groups to be represented in a balanced way and thus empowering the smaller of them. Implementation of this concept may contribute to the building of more peaceful and politically stable states in Africa. Ake’s opinions are enriched with the views of a Sierra Leonian philosopher George M. Carew that seem useful in the analysis of the whole concept. Next, a case study of the Ethiopian parliament’s upper chamber, House of Federation, is discussed. That chamber is a product and an essential part of the ethnic federalism system currently existing in Ethiopia. This case resembles Ake’s concept in many ways. Then, the Nigerian philosopher Ifeanyi A. Menkiti’s ideas, having some common points with the Ethiopian territorial structure and political system as a whole, are explained. Menkiti’s views teach what may be the realities of an ethnic federalism system, especially in an undemocratic environment. His opinions also seem complementary with some of Ake’s ideas concerning the ‘chamber of nationalities’ concept. (shrink)

Iris Marion Young’s politics of difference promotes equality among socially and culturally different groups within multicultural states and advocates group autonomy to empower such groups to develop their own voice. Extending the politics of difference to the international sphere, Young advocates “decentered diverse democratic federalism” that combines local self-determination and cosmopolitanism, while adamantly rejecting nationalism. Herr argues that nationalism, charitably interpreted, is not only consistent with Young’s politics of difference but also necessary for realizing Young’s ideal in the global (...) arena. (shrink)

Latin American religious political thought includes colonial Spanish and Portuguese ideologies that preceded independence but have survived into the post-independence era, authoritarian ideologies supportive of military governments in the twentieth century, and progressive liberation theologies. In this article, I present a distinct tradition: a version of classical liberal thought. This tradition is skeptical of big government, opposed to caste systems, supportive of a high degree of federalism, uneasy with militarism, and supportive of democratic institutions while affirming religious social norms. (...) This ideology was developed in northeastern Brazil in the early nineteenth century by a Carmelite activist named Frei Caneca (Brother Mug), who published a newspaper titled the Typhis Pernambucano (Tiphys of the State of Pernambuco). (shrink)

In 2008 Robert Lovato coined the phrase Juan Crow. Juan Crow is a type of policy or enforcement of immigration laws that discriminate against Latino/as in the United States. This essay looks at the implications this phenomenon has for an ethics of immigration. It argues that Juan Crow, like its predecessor Jim Crow, is not merely a condemnation of federalism, but of any immigration reform that has stricter enforcement as one of its key components. Instead of advocating for increased (...) enforcement, I want to suggest that just immigration reform must adhere to two standards, equality of burdens and universal protections, and that only by doing so can the potential for Juan Crow be adequately avoided. (shrink)

Krzysztof Trzciński, ‘The Concept of an Ethnic Upper Chamber in a Bicameral Parliament in an African State (Part 2).’ The article has been published in “Afryka” 35, 2011, pp. 11-26 and is a continuation of the previous paper published under the same title in “Afryka” 34. Part 2 explains a couple of cases (of the Senate of Lesotho, and two Houses of Chiefs, in Botswana and Zambia) that seem useful in the analysis of the Nigerian political thinker Claude Ake’s concept (...) of the ‘chamber of nationalities.’ According to the concept, in a multiethnic African state, a bicameral parliament should be constituted, of which the upper house should be created based on the existing ethnic divisions, allowing all ethnic groups to be represented in a balanced way and thus empowering the smaller of them. Implementation of this concept might contribute to the building of more peaceful and politically stable states in Africa. In the latter part of this article, a study of the political system of Bosnia and Herzegovina is discussed in short, with a particular focus on the case of the House of Peoples of Bosnia and Herzegovina that resembles Ake’s concept very closely. In the final part of the article, some drawbacks of Ake’s concept are brought up and discussed critically. (shrink)

Prominent Ukrainian historian Ivan Lysiak-Rudnytsky (1919–1984) repeatedly addressed the topic of the Ukrainian revolution of 1917 – the 1920s, especially considering its intellectual origins and implications in the context of the history of Ukrainian social and political thought. Analysis of his works shows the manner in which the Ukrainian revolution as an event structures the history of Ukrainian social and political thought in both senses of the term “history”: as history itself and as its historiography. Based on this analysis, the (...) article considers changes in the meaning of the revolution for modern Ukrainians, as well as the credibility – in the context of these changes – of the classifications of the historiography of Ukrainian social and political thought, which rest on the key meaning of the revolution for modern Ukrainian history. The article also supports the conclusion that the rejection of the evolutionary model which I. Lysiak-Rudnytsky most directly addressed will help to outline a well-balanced and reliable history of Ukrainian social and political thought without excessive historicism. (shrink)

This essay is my short, critical review of Donald Livingston’s anthology, Rethinking the American Union for the Twenty-First Century. The contributors of this anthology all argue for secession as a legal and proper tool for calling the Federal government down in size and power. I critically examine the arguments of the contributors.

Dieser Aufsatz untersucht das Verhältnis zwischen Föderalismus und individueller Freiheit. Es wird gezeigt, dass eine vollständige Analyse des Verhältnisses zwischen Föderalismus und individueller Freiheit zwei entgegengesetzte Effekte mitberücksichtigen muss. Auf der einen Seite verstärken föderalistische Strukturen die individuelle Freiheit indem sie die Auswahlmöglichkeiten der Bürger erweitern. Auf der anderen Seite führt jedoch ein föderalistisches System zur institutionellen Vielfalt, ein Faktum, das per se zu höheren Abwanderungskosten führt, die ein Bürger tragen muss, wenn er oder sie entscheidet, die Jurisdiktion zu wechseln. (...) Dieser Effekt auf die individuelle Freiheit ist ein negativer, da jede Erhöhung der Abwanderungskosten die Minderung der individuellen Freiheit zur Konsequenz hat. Der optimale Grad der Vielfalt der Jurisdiktionen befindet sich dort, wo die beiden Effekte sich gegenseitig ausgleichen. (shrink)

The principle of subsidiarity is a multi-layered and flexible principle that can be utilised to empower, inform, enhance and reform scholarship in a range of significant areas, however, it has been somewhat overlooked in recent scholarship. In order to highlight the continued relevance and potential applications of the principle, this, the first of two papers, will provide a detailed analysis of the meaning and application of the principle of subsidiarity in Catholic social teaching. In doing so, the interplay of the (...) principle of subsidiarity and other key principles of catholic social teaching such as dignity of the person, solidarity, and the common good will be highlighted. The second part of this paper discusses the political applications of the principle, including its ability to inform scholarship on the allocation of governmental powers (including federalism), democracy, and individual participation in government. This leads to a discussion in the second paper, of the Catholic aspects of subsidiarity in the governance of the European Union. (shrink)

The purpose of the article is to analyze the prerequisites, advantages, problems and prospects for the development of the processes of financial decentralization in Ukraine. Initially, the article reveals the features of the federal and unitary arrangements of states. As research has shown, the principles of fiscal federalism have been increasingly used by unitary states. The legislative and normative legal acts regulating the implementation of the decentralization policy in Ukraine are justified and given. Characteristics of the formation of new (...) structures, such as: united territorial societies and their sources of financing are characterized. Changes in incomes in local budgets as a result of decentralization are analyzed, and their significant growth is observed. The mechanism of horizontal leveling of the tax ability of territories has been developed, which helps to remove imbalances and unevenness, most of the budgets of Ukraine are recipients of budgetary funds, since they receive a basic subsidy. The influence of the development of information technologies on entrepreneurial activity in small towns and villages is determined. Information technology is a tool of points of growth of territories. Decentralization will not gradually increase due to urbanization processes, but will be accompanied by new development mechanisms, where the labor force and the means of production will unite and help create a qualitatively new environment. (shrink)

At first glance, Aristotle’s Politics is a repository of dry, professorial lecture notes. Although the work contains the occasional literary reference or historical digression, analysis, argumentation, and socio-political taxonomies predominate. Beneath the surface of such prose, Pangle locates an Aristotle who seeks to involve the reader in dialogical exchange—much like as in a Platonic dialogue—by means of dialectical, rhetorical and literary devices. Pangle—a student of the political theorist Leo Strauss, a translator of Plato, Aristophanes and Sophocles, and the author of (...) books on modern political theorists such as Montesquieu, Locke, and the Federalist Papers—has written a study of the Politics informed not only by a close reading of the text, but also its relationship to modern republicanism, and the conflict between rationalism and religion. A previously published introduction presents what Pangle takes to be Aristotle’s rhetorical strategy in the Politics; it is followed by chapters organized around individual books in the Politics (a chapter each for Politics I, II, and III, and consolidated chapters for Politics IV-VI and VII-VIII—the last of which had been previously published in part). The text is followed by almost 50 pages of notes, notes in which Aquinas is cited as frequently (and sometimes more frequently) than contemporary Aristotle scholars like P. Simpson, R. Kraut, and E. Schütrumpf and Alfarabi is cited more frequently than F. Miller (although by far the most frequently cited authorities are the 19th century scholars F. Susemihl, R.D. Hicks, and above all, W. Newman). The book is clearly a mature work of scholarship, informed by extended reflection on Aristotle’s Politics and the subsequent western tradition of political theory and philological commentary which has responded to it. (shrink)

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

A fiscal administration shows the reality of government and public organization in their provision of public good or service for the citizen. It is an independent subject from the accounting, economic, political, and legal science, which is interdisciplinary and strives for any distinct goal of studies. A fiscal sustainability perhaps would be one ideal that this science would flounder to crystallize and hold out. The studies would be similar to the adjacent sciences, but could be defined ultimately for its unique (...) feature or characteristic. The accounting or accounting sciences would aim to set forth the standards of evaluating the operation and asset or debt as well as the formality to show the numerical status or assessment for the businesses, mainly private and secondarily public. The fiscal administration involves these aspects, but there are many other elements to inculcate the minds of fiscal researcher, such as public ideals or social justice beyond the math or numerical requirements. The economic science would guide the criterion of practice for the government or public organization when they contemplate on the fiscal issues or challenges. The efficiency of budget or basic concepts, i.e., scanty resources or appropriability problem, non-exclusion and non-exhaustion, eminent dichotomy between the private and public sectors or privatization, distinction between provision and production, and so on, would divulge a close dialogue and interactive understanding between the two sciences. Nevertheless, there are differences being present invariably and conceptually between them. For example, the market failure perhaps would be one stigmatic condition to increase the profile of fiscal science. A provision anticipated from the government had been defined far earlier from the classic thought, such as police and national defense. We may share the economic idea, such as Pareto criterion, but the fiscal administration would phase out a multifaceted interplay, principally because it concerns of rule of government and because of its general absoluteness. Many artificial and institutional assumption and terms would variegate the pure theory of Pareto optimal to struggle in the cause of immeasurable kinds of values or concepts. For example, democracy is based on the head count and generally from the value of equal voting in deciding a fiscal issue. The bloated payroll would perhaps presuppose an odd reality deviated from the Pareto ideals, and the logrolling or lobbying would upstage or provide a culprit to breach the economic ways of interaction or commandment. In some cases, they trade a vote to pass the public hurdle that misallocates the resources for less than efficient public programs. Nevertheless, it explains the place where we now stand, and the macro-economy or the kind of thoughts would be considered as most approximated with the quality of fiscal studies. The science of fiscal administration would not disappear unless our reality would be purified, as the economic thought espoused, for the idealistic liberal market or communism. In both cases, the government would no longer be necessary and the fiscal administration is never demanded. It also would be denied if the communist ideals would become a reality any ultimately, say, perish of government and idealistic friendship of working class without exploitation. This means the fiscal administration is a practical science, not merely a theoretical framework, which is to be investigated and approached for the kind of hybrid products. As the political science is basically a bland product on the concept of political power, it could be intermingled with the fiscal science partly in areas of thought, but be made distinct among another. (shrink)