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Sustainable Decentralization: Power, Extraconstitutional Influence and Subnational Symmetry in the United States and Spain

52 Pages Posted: 28 May 2009  

James A. Gardner

University at Buffalo Law School

Antoni Abat Ninet

University of Copenhagen, Law school

Date Written: May 27, 2009

Abstract

In the Madisonian tradition of constitutional design, the foundation of a sustainable federalism is thought to be a scientifically precise balancing of national and subnational power. Experience shows, however, that national and subnational actors in highly diverse systems are capable of developing a rich array of extraconstitutional methods of mutual influence, so that the formal, constitutionalized balance of power rarely settles the question of the actual balance of power between levels of government. A more important factor in ensuring the long-term sustainability of a meaningfully federal system is the degree of symmetry across subnational units in their relation to the central state. A comparison of the U.S. and Spain suggests that federalism is most directly threatened when subnational units compete not collectively with the central state, thereby checking its power, but with each other, a condition that furnishes the central state with opportunities to exploit subnational rivalries in ways that risk genuine, long-term destabilization.

Keywords: Decentralization, federalism, subnational units, madisonian, comparative constitutional law, Spain, extraconstitutional

Suggested Citation

Gardner, James A. and Ninet, Antoni Abat, Sustainable Decentralization: Power, Extraconstitutional Influence and Subnational Symmetry in the United States and Spain (May 27, 2009). Buffalo Legal Studies Research Paper No. 2009-12. Available at SSRN: https://ssrn.com/abstract=1410743 or http://dx.doi.org/10.2139/ssrn.1410743

James A. Gardner (Contact Author)

University at Buffalo Law School ( email )

Room 514, O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-3607 (Phone)
716-645-2064 (Fax)

HOME PAGE: http://www.law.buffalo.edu

Antoni Abat Ninet

University of Copenhagen, Law school ( email )

studie staræde 6
Copenhagen, 14260-1100
Denmark

HOME PAGE: http://jura.ku.dk/cecs/dansk/ansatte/?pure=da/persons/469595

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