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Federalism and the Law of Diversity
The Theoretical Contribution of Federalism to the Explanation of Emergent Models for the Accommodation of Diversity
Series:
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
The volume offers new and unexplored perspectives on federalism and its relationships with diversity accommodation. It represents the first structured attempt to use federal theory and practice to frame several phenomena of governance in the area of diversity management. Federalism is here tested as a theoretical and practical tool that may contribute to a better understanding of phenomena such as non-territorial autonomy, participatory democracy and legal pluralism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
The volume offers new and unexplored perspectives on federalism and its relationships with diversity accommodation. It represents the first structured attempt to use federal theory and practice to frame several phenomena of governance in the area of diversity management. Federalism is here tested as a theoretical and practical tool that may contribute to a better understanding of phenomena such as non-territorial autonomy, participatory democracy and legal pluralism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
Nicolò P. Alessi, Ph.D., University of Bern, is a post-doc researcher at that university. He has authored several publications in the areas of regionalism, federalism, minority and indigenous rights, including A Global Law of Diversity: Evolving Models and Concepts (Routledge, 2024).
Martina Trettel, Ph.D., Institute for Comparative Federalism at Eurac research, is a senior researcher at that institute. She is an expert on deliberative and participatory democracy. She has authored several publications on these topics in academic journals as well as in edited books.
Martina Trettel, Ph.D., Institute for Comparative Federalism at Eurac research, is a senior researcher at that institute. She is an expert on deliberative and participatory democracy. She has authored several publications on these topics in academic journals as well as in edited books.
Foreword: The Inextricable Link between Federalism and the Law of Diversityââ
Francesco Palermo
List of Figures and Tables
Notes on Contributors
Introduction
ââNicolò P. Alessi and Martina Trettel
Part 1
Federalism and Non-territorial Autonomy
1âFederalism and Non-territorial Autonomy: Revisiting Two Interrelated Concepts
ââKarl Kössler
2âNon-territorial Autonomy and the Law of Diversity: Challenging Pre-established Positions in Domestic Law
ââTove H. Malloy
3âInnovative Forms of Autonomy and the Role of Federalism: A Comparative and Theoretical Perspective
ââNicolò P. Alessi
Part 2
Federalism and Participatory Democrac
4âFederalism and Participatory Democracy: A Manifold Balancing Act
ââJared Sonnicksen
5âRethinking Participatory Democracy through Federalism: Citizen Participation, Power-Sharing and Decision-Making Processes
ââMartina Trettel
6âParticipatory Democracy in Spainâs Autonomous Regions: Some Tools to Strengthen Democratic Development
ââEnriqueta Expósito
Part 3
Federalism and Legal Pluralism
7âFederalism, Legal Pluralism and the Law of Diversity
ââKyriaki Topidi
8âMeasurement and Change in Federalism and Legal Pluralism
ââMichael G. Breen
9âSome Ideas on Diversities, Federalisms, and Pluralisms
ââRoberto Toniatti
Index
Francesco Palermo
List of Figures and Tables
Notes on Contributors
Introduction
ââNicolò P. Alessi and Martina Trettel
Part 1
Federalism and Non-territorial Autonomy
1âFederalism and Non-territorial Autonomy: Revisiting Two Interrelated Concepts
ââKarl Kössler
2âNon-territorial Autonomy and the Law of Diversity: Challenging Pre-established Positions in Domestic Law
ââTove H. Malloy
3âInnovative Forms of Autonomy and the Role of Federalism: A Comparative and Theoretical Perspective
ââNicolò P. Alessi
Part 2
Federalism and Participatory Democrac
4âFederalism and Participatory Democracy: A Manifold Balancing Act
ââJared Sonnicksen
5âRethinking Participatory Democracy through Federalism: Citizen Participation, Power-Sharing and Decision-Making Processes
ââMartina Trettel
6âParticipatory Democracy in Spainâs Autonomous Regions: Some Tools to Strengthen Democratic Development
ââEnriqueta Expósito
Part 3
Federalism and Legal Pluralism
7âFederalism, Legal Pluralism and the Law of Diversity
ââKyriaki Topidi
8âMeasurement and Change in Federalism and Legal Pluralism
ââMichael G. Breen
9âSome Ideas on Diversities, Federalisms, and Pluralisms
ââRoberto Toniatti
Index
The volume's primary audience is academics, students in law and political science as well as practictioners who are interested in the fields of comparative constitutional law, federal studies, diversity accommodation, minority rights law, ethnic relations.