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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.
Sommario
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
Info autore
G. ALAN TARR is Director of the Council for State Constitutional Studies at Rutgers University-Camden. He is author and coauthor of several books in judicial politics, including rican Constitutional Law, 4th Edition95), and te Supreme Courts in State and Nation88). He also serves as series editor on Reference Guides to the State Constitutions in the United States, published by Greenwood Press.
ROBERT F. WILLIAMS is Professor of Law at Rutgers Law School. He is the editor of State Constitutional Law: Cases and Materials, the first law and political science coursebook on the subject. In addition, he has written, lectured, and practiced widely in the area of state constitutional law.
