New Dimensions in the Theory of Federalism
The existing theories of cooperative and competitive federalism will possibly encounter novel heights bringing forth innovative reproductions of federalism. Federalism is described as a structural constitution, in terms of a constitutionally created equilibrium between self-rule and shared rule. The vital point arises as to in what way globalization will impact the theory of federalism? Whether globalization will empower or feeble federalism? Which new aspects of the theory of federalism will appear? In what way will the federal states be influenced by the globalization of market economy? The multi-cultural and multi-national societies assert realization and authorization of inherent varieties. The theory of federalism pointedly mirrors the regional and sub-regional identities. Ethnic federalism has by now been germinated. Put differently, multi-ethnic threats have to be dealt with the nation-state federalism. Because the pluralist societies are considered as polities of identities, an affiliated waning of the nation-state will be visible. However, the ethno-centric concept of state is achieving popularity to the detriment of the political concept of state within the scope of political theory.
The constitutional ascendency proclaimed in the nineteenth century needs to be dealt with the threat of globalization. The commonplace definition of federalism will be influenced by the phenomenon of globalization in the background of adapted associations working between federal states and their related federating units with the WTO and connected worldwide blocs such as the World Bank. In the words of Lidija Basta Fleiner, a noted Swiss academic on federalism, it is a “democratic control of federalized power and the federalized control of democracy”. Political cultivation will represent accentuated decentralized loyalty first and accentuated supra-state loyalty second, because of the procedure of globalization; hence, the theory is confronted with the considerable matter of constructing a federal conventional symmetry inside a majoritarian democratic scaffold and of assembling diverse groups surpassing specific fidelities. Globalization and its associated constructional stresses will intrude into majoritarian democracy and anti-majoritarian federalism. Libertarian democracy, something which Robert Nozick prescribed, will fail to deal with the politics of group divergences connected with nation-building method. Such a version will face difficulties in sufficing to the requirements of multi-culturalism on the point of variations and collective demands.
A greater degree of judicial power will be evident under dominant liberal democracies, in the event of globalization which will consequently set off more anxiety regarding judicial autonomy. The judiciary will be immediately overlapped with democratic politics. The judicial amendment will cast two prime consequences namely, fortifying the authority of judicial review and acceptance of political pluralism during the nomination of judges. One more indication of globalization in the case of the theory of federal democratic states is present. Liberal welfare state has comprehended the idea of equal representation by all people reflecting a ritual pledge against unreceptive discriminations. The ideal of multiculturalism founded on realization of variations and combined rights will supposedly be adversative to globalization which will perpetually accelerate inequalities in between countries and in the countries themselves. Obviously, sheer assurance provided by constitutional arrangements will be insufficient to promote equality except attended by the promise of right of equality regardless of differences. This matter is going to assume greater importance and notice.
Indeed, it may eventually result into reuniting the values of equality, liberty and fraternity taken to be the principal codes of the contemporary state along with the choice emanating archetype underlining security, diversity, and solidarity. Briefly, the 19th century liberalism is left with the choice to modify its attributes in consonance with multiculturalism. In the words of Will Kymlieka, “the fundamental challenge with the theory of liberal state will face in the wake of globalization is to identify some new sources of unity in a democratic multi-cultural state.”
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