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)

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)

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)

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)

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)

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)

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)

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), “Afryka” 2011, No. 34, pp. 30-42. This article consists of two parts. Part 1 (published in “Afryka” No. 34) provides a description of the Nigerian political thinker Claude Ake’s concept, the ‘chamber of nationalities,’ in the context of the idea of recognizing and strengthening the ethnic groups’ rights in the African state. According to the concept, in a multiethnic African state, a (...) bicameral parliament should be constituted, of which the upper house should be created on the basis of the existing ethnic divisions, allowing all ethnic groups to be represented in an equal 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. Then a case study of the Republic of Ethiopia parliament’s upper chamber, House of Federation, is presented. This 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. Next, the Nigerian philosopher Ifeanyi A. Menkiti’s ideas having some common points with the Ethiopian political system are discussed. Menkiti’s views can 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)

Krzysztof Trzciński, The Concept of an Ethnic Upper Chamber in a Bicameral Parliament in an African State (Part 2), “Afryka” 2011, No. 35, pp. 11-26. This article is a continuation of the previous work published under the same title in “Afryka” No. 34. Part 2, published in “Afryka” No. 35, describes 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 on the basis of the existing ethnic divisions, allowing all ethnic groups to be represented in an equal 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 presented 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)

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)

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)