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Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems.
This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.
List of contents
Preface
OverviewsSubnational Constitutional Space: A View from the States, Provinces, Regions, Lander and Cantons by Robert F. Williams and G. Alan Tarr
Equality, Minority Protections, State Constitutional Law, and Federalism by Kristin Henrard
Participation in the Decision-Making Process as a Means of Group Accommodation by Nicole Topperwien
Mature Federal SystemsAustrian Federalism and the Protection of Minorities by Anna Gamper
The Protection of Minorities in a Federal State: The Case of Germany by Norman Weiss
American State Constitutions and Minority Rights by G. Alan Tarr
Regional Systems in TransformationAsymmetric, "Quasi-Federal" Regionalism, and the Protection of Minorities: The Case of Italy by Francesco Palermo
Regional Autonomy in Spain by Eduardo J. Ruiz Vieytez
Multinational FederationsA Dynamic Federalism Built on Static Principles: The Case of Belgium by Wouter Pas
Federalism and Consociationalism as Tools for State Reconstruction: The Case of Bosnia and Herzegovina by Jens Woelk
Federalism and Nonterritorial Minorities in India by Arshi Khan
Federalism, Subnational Constitutional Arrangements, and the Protection of Minority Rights: A Case Study--Switzerland by Giovanni Biaggini
About the Contributors
Index
About the author
G. ALAN TARR is the Director of the Center for State Constitutional Studies, and Chair, Department of Political Science, Rutgers University, Camden. He currently serves on the Scholars Advisory Board of the National Constitutional Center.
ROBERT F. WILLIAMS is Distinguished Professor of Law, Rutgers University School of Law, Camden.
JOSEF MARKO is Director of the European Academy, Bolzano, Italy, Chief Justice of the Constitutional Court of Bosnia-Herzegovina, and Professor of Law, Graz University, Austria.
