Suchergebnisse

"In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada's Supreme Court and for those engaged in broader debates about the use of federalism in multinational states."--

AbstractMeasuring institutional mechanisms that facilitate ethno‐national representation is a difficult enterprise. Most studies examine the electoral system, while a set of other indices focus on designs and policies related to minority recognition. This article addresses a number of gaps in the existing literature by taking a wide view that considers a breadth of institutional designs that facilitate representation in a political system. The goal is to recalibrate our theoretical and empirical approach to measuring ethno‐national representation – to move beyond narrower assessments based solely on the electoral system, while also providing additional depth and breadth to existing indices and studies of related aspects of institutional design. To achieve this goal, the article (1) constructs an analytical framework that accounts for the institutional mechanisms that facilitate the direct and indirect representation of ethno‐national minorities across both macro‐level and micro‐level institutional designs in a state and (2) applies this framework to map institutional designs in twelve states to provide an indication of the usefulness of a new measurement tool (a representation index). The argument is that this framework and tool provide a corrective to the limitations of current approaches, advancing our ability to measure the institutional mechanisms of minority representation.

This paper makes two main arguments. First, federalism in Canada, properly conceived, is a system which evolves as a result of struggles over the norms of mutual recognition between territorially based groups. Second, if federalism is to work as a way of accomodating national minorities, the role of the judiciary in adjudicating this relationship must be taken into account, because it plays an integral role in the continuing contestation of the arrangement. I begin with the 'problem' of national minorities in the nation-state system and why federalism is espoused as a solution for alleviating tensions, focusing on Canada. I then turn to review the relevant jurisprudence of the Supreme Court of Canada (SCC) in adjudicating the federal arrangement. Finally, considering this jurisprudence, I reflect on why it is importnatn to account for the role of the Court when promoting federalism to accomodate national minorities. I go on to argue that a dialogical approach to federalism, as opposed to a monological one, is best suited to do this. (Nations and Nationalism)

ABSTRACT. This paper makes two main arguments. First, federalism in Canada, properly conceived, is a system which evolves as a result of struggles over the norms of mutual recognition between territorially based groups. Second, if federalism is to work as a way of accommodating national minorities, the role of the judiciary in adjudicating this relationship must be taken into account, because it plays an integral role in the continuing contestation of the arrangement.I begin with the 'problem' of national minorities in the nation‐state system and why federalism is espoused as a solution for alleviating tensions, focusing on Canada. I then turn to review the relevant jurisprudence of the Supreme Court of Canada (SCC) in adjudicating the federal arrangement. Finally, considering this jurisprudence, I reflect on why it is important to account for the role of the Court when promoting federalism to accommodate national minorities. I go on to argue that a dialogical approach to federalism, as opposed to a monological one, is best suited to do this.

Federations increasingly face complex policy challenges, from managing climate change to mass migration. COVID-19 is a prime example of this emerging type of problem. This research note introduces the concept of complex intergovernmental problems (CIPs) to better understand these types of challenges.

AbstractWithin the broader literature on political representation, studies exploring Indigenous forms of representation are rather limited. Where they exist, they tend to explore how Western models of political representation include Indigenous peoples, conflating Indigenous groups with ethnic minorities. This article asks whether and how Indigenous political representation might be distinguished from the representation of ethnic minorities. Our argument is that Indigenous groups' identities tend to be based on different claims and relationships to the state than ethnic groups, which leads to political mobilization seeking a means to respond to the colonial nation-state project. We develop a theoretical framework that identifies three principles that ought to inform an effective and legitimate model of Indigenous political representation: recognition, protection and decolonization. We then apply this theoretical framework to assess the extent to which existing models of Indigenous representation in Bolivia, Canada, New Zealand and Norway correspond with these three principles.

We are delighted to provide readers of Studies of National Movements (SNM) a brief update on the recent work and future directions of the State of Nationalism (SoN).