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32 - Federalism

from Part III. A - The State

Published online by Cambridge University Press:  27 March 2025

Richard Bellamy
Affiliation:
University College London
Jeff King
Affiliation:
University College London
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Summary

Federalism is a distinctive form of constitutional rule but one that has largely been neglected by both political and constitutional theory. Existing accounts of federalism tend to focus almost exclusively upon its institutional manifestation. What is lacking is an account of the common conceptual underpinnings that unite these various institutional forms within the genus of one constitutional idea. In this chapter Stephen Tierney argues that the core idea of federalism can only be arrived at by way of constitutional theory. Constitutional theory explains both how and why law is used to manage political power. Federal constitutions manage and transform political power for a discrete purpose that is fundamentally distinguishable from other constitutional forms. This chapter contends that federalism must be addressed as a specific genus of constitutional government for the modern state which, in the act of constitutional union, gives foundational recognition and accommodation to the state’s constituent territorial pluralism. The purpose of the federal constitution is to maintain the foundational relationship between pluralism and union through the creation and reconciliation of different orders of government. This marks a significant fork in the road between federal and unitary constitutionalism, not just in institutional terms but at the most fundamental level of constitutional identity and legitimacy.

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Publisher: Cambridge University Press
Print publication year: 2025

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References

Recommended Reading

Althusius, J. (1995 [1603]). Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata. Edited and translated by Carney, Frederick S.. Indianapolis: Liberty Fund.Google Scholar
Aroney, N. (2019). The Federal Condition. In Lev, Amnon, ed., The Federal Idea: Public Law between Governance and Political Life. Oxford: Hart Publishing, pp. 2951Google Scholar
Burgess, M. (2012). In Search of the Federal Spirit: New Theoretical and Empirical Perspectives in Comparative Federalism, Oxford: Oxford University Press.CrossRefGoogle Scholar
Elazar, D., ed. (1994). Federal Systems of the World: A Handbook of Federal, Confederal and Autonomy Arrangements, 2nd edn, Harlow: Longmans.Google Scholar
Gagnon, A-G. & Tully, J., eds. (2001). Multinational Democracies, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Hamilton, A., Madison, J, & Jay, J. (1961). The Federalist Papers. Edited by Rossiter, Clinton. New York: New American Library.CrossRefGoogle Scholar
Hueglin, T. O. & Fenna, A. (2015). Comparative federalism: A Systematic Enquiry, 2nd edn, Toronto: University of Toronto Press.Google Scholar
Karmis, D. & Norman, W., eds (2005). Theories of Federalism, New York: Palgrave-Macmillan Publishing.CrossRefGoogle Scholar
LaCroix, A. (2011). The Ideological Origins of American Federalism, Cambridge, MA: Harvard University Press.CrossRefGoogle Scholar
Larsen, S. R. (2021). The Constitutional Theory of the Federation and the European Union, Oxford: Oxford University Press.CrossRefGoogle Scholar
Lev, A., ed. (2019). The Federal Idea: Public Law between Governance and Political Life, Oxford: Hart Publishing, pp. 126Google Scholar
Palermo, F. & Kössler, K. (2017). Comparative Federalism: Constitutional Arrangements and Case Law, Oxford: Hart Publishing.Google Scholar
Tierney, S. (2004). Constitutional Law and National Pluralism, Oxford: Oxford University Press.Google Scholar
Watts, R. L. (2008). Comparing Federal Systems, 3rd edn, Kingston/Montreal: McGill-Queens University Press.Google Scholar
Wheare, K. C. (1946). Federal Government, Oxford: Oxford University Press.Google Scholar

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  • Federalism
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.037
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  • Federalism
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.037
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Federalism
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.037
Available formats
×