Opening New Perspectives on Federalism (French and English versions)

THE STATES AND MOODS OF FEDERALISM: GOVERNANCE, IDENTITY AND METHODOLOGY, Gaudreault-DesBiens, Jean-François & Gélinas, Fabien, eds., Montreal/Brussels: Blais/Bruylant, 2005

94 Pages Posted: 31 Jan 2009 Last revised: 5 Mar 2010

Date Written: January 1, 2005

Abstract

Although the past decade has evidenced a resurgence of interest in the practice and study of federalism, it is has become obvious that the multiplicity of its modern forms complicates our understanding. In fact, while they share a number of fundamental characteristics, federal structures are elaborated in particular socio-political contexts and evolve in unique ways. In this context, the study of the varied expressions of the 'federal phenomenon' appears more promising than the traditional understanding of federalism as a mode of state organization.

With the re-emergence of identities heretofore 'contained' and an increasingly invasive transnational legal order, federalism is being put to a difficult test. Is it still appropriate to see state and federalism as inseparable‘ Are federal dynamics not also evidenced within structures that do not display, stricto sensu, the characteristics of a state‘ This very question suggests the necessity of rethinking the federal phenomenon in a theoretical framework larger than that of an essentially institutional reflection upon the organization of states. Federalism certainly remains an important mode of state organization, but it may also be envisioned from the perspective of the legal culture that it underlies, the minimal level of civility that it presupposes, or the aspirations that it promotes, whether or not they are formalized. These are questions the study of which leads to pluralizing a theoretical model which has served, up to now, as the principal framework for most inquiries in this area.

This substantive paper introduces a collection of essays which looks at federalism and its study in terms of governance, identity and methodology. Drawing on multidisciplinary sources, it puts juridical thinking in a dialogical relationship with political, economic and philosophical thought. The result is a laying bare of received ideas of federalism which opens up new perspectives.

Keywords: Federalism, Comparative Federalism, Governance, Identity, Methodology, Constitutional Law, Comparative Constitutional Law

Suggested Citation

Gaudreault-DesBiens, Jean-Francois and Gelinas, Fabien, Opening New Perspectives on Federalism (French and English versions) (January 1, 2005). THE STATES AND MOODS OF FEDERALISM: GOVERNANCE, IDENTITY AND METHODOLOGY, Gaudreault-DesBiens, Jean-François & Gélinas, Fabien, eds., Montreal/Brussels: Blais/Bruylant, 2005, Available at SSRN: https://ssrn.com/abstract=1335755

Jean-Francois Gaudreault-DesBiens

affiliation not provided to SSRN ( email )

Fabien Gelinas (Contact Author)

McGill University ( email )

3644 Peel Street
Montreal, Quebec H3A1W9
Canada

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