The Federal Contract: A Constitutional Theory of Federalism

Federalism is a familiar form of government that has been neglected by constitutional theory. This book argues that federalism is a specific model of constitutionalism with which to organise territorially pluralised and demotically complex states. It adopts a root and branch recalibration of the federal contract by analysing it through the conceptual categories that characterise the nature of modern constitutionalism. This approach seeks to explain and revitalise federalism as a discrete, capacious and adaptable concept of rule that can be deployed imaginatively to facilitate the deep territorial variety that characterises so many states in the 21st century.

Format: Hardback
Length: 352 pages
Publication date: 14 June 2022
Publisher: Oxford University Press

Federalism is a well-known form of government that played a significant role in shaping the first modern constitution, the United States. It has been employed by constitution-makers to govern large and internally diverse polities throughout the history of the modern state. Despite its widespread practice, federalism has received relatively little attention in constitutional theory. This book argues that federalism has been either overlooked or treated as an exceptional model, rather than a fundamental form of constitutional ordering. This neglect is unsatisfactory in conceptual terms and problematic for constitutional practitioners, as it obscures the core meaning, purpose, and applicability of federalism as a specific model of constitutionalism.

In reality, the federal contract represents a unique order of rule that necessitates a territorialized approach to fundamental concepts such as constituent power, sovereignty, subjecthood, citizenship, the relationship between institutions and constitutional authority, patterns of constitutional change, and the legitimacy link between constitutionalism and democracy.

In rethinking the idea and practice of federalism, this book adopts a comprehensive recalibration of the federal contract. It does so by analyzing federalism through the conceptual categories that define modern constitutionalism: foundations, authority, subjecthood, purpose, design, and dynamics. This approach aims to explain and revitalize federalism by providing a deeper understanding of its principles and implications.

Foundations: Federalism is grounded in the idea of divided sovereignty, where power is shared between the national government and state governments. This division of powers is intended to ensure that both levels of government can respond effectively to the needs and interests of their respective constituents. The federal contract establishes the principles and rules that govern the relationship between these two levels of government.

Authority: Federalism relies on a system of checks and balances to prevent one level of government from becoming too powerful. The national government has certain enumerated powers, while state governments have reserved powers. This division of powers helps to ensure that the government is accountable to the people and that no branch can abuse its authority.

Subjecthood: Federalism recognizes the diversity of its constituents and seeks to accommodate their distinct identities and interests. It allows for the creation of multiple levels of government, each with its own jurisdiction and powers. This subjecthood is essential for promoting regional autonomy and ensuring that the government is responsive to the needs of its citizens.

Purpose: Federalism serves several purposes, including promoting stability, democracy, and regionalism. It allows for the distribution of power and resources across different levels of government, which can help to mitigate regional disparities and promote economic growth. Federalism also provides a mechanism for resolving conflicts between different levels of government, which can help to maintain social peace and stability.

Design: Federalism is designed to promote the participation of citizens in the political process. It allows for the creation of representative democracies at the state and local levels, which can help to ensure that the voices of ordinary citizens are heard in the decision-making process. Federalism also promotes the development of a strong civil society and a vibrant political culture.

Dynamics: Federalism is a dynamic system that is constantly evolving and adapting to changing circumstances. The federal contract is not a static document but a living document that can be modified and updated as needed. Federalism is also responsive to the needs and interests of its constituents, which can help to ensure that it remains relevant and effective in the modern world.

In conclusion, federalism is a fundamental form of government that has played a significant role in shaping the modern state. Despite its widespread practice, federalism has been neglected by constitutional theory. This book argues that federalism requires a comprehensive recalibration of the federal contract through a territorialized approach to fundamental concepts such as sovereignty, subjecthood, and citizenship. By adopting a root and branch recalibration of the federal contract, this book seeks to explain and revitalize federalism as a relevant and effective model of constitutionalism for organizing territorially pluralized and demotically complex states.

Weight: 660g
Dimension: 241 x 160 x 25 (mm)
ISBN-13: 9780198806745