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Federalism, Subnational Constitutions, and Minority Rights
G. Alan Tarr, Robert F. Williams, Josef Marko
Book Code: C8023
ISBN: 0-275-98023-5
ISBN-13: 978-0-275-98023-8
256 pages, figure; tables
Praeger Publishers
Publication: 8/30/2004
List Price: $98.95 (UK Sterling Price: £57.95)
Availability: In Stock
Media Type: Hardcover
Also Available: Paperback
Trim Size: 6 1/8 x 9 1/4
Subjects: Reviews:
  • [P]rovides an excellent starting point for understanding the function and the potential of subnational constitutions operating within larger constitutional constructs.
    —Suffolk Transnational Law Review     2005
Description: 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.
Table of Contents:
  • Preface
  • Overviews
  • Subnational 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 Systems
  • Austrian 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 Transformation
  • Asymmetric, "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 Federations
  • A 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
LC Card Number: 2004044229
LCC Class: K3242
Dewey Class: 342
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