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THE HISTORICAL DEVELOPMENT OF • in the allocation of taxing powers and

COMPARATIVE FEDERAL STUDIES resources; in the character of federal


government representative institutions and
Professor Ronald L. Watts in the degree of regional input to federal
policy-making; in the procedures for
INTRODUCTION resolving internal conflicts between
Political events in various parts of the world governments;
during the past two decades have attracted • in the processes established to facilitate
increasing attention to comparative federal collaboration between interdependent
studies. But the comparative scholarly literature governments;
attempting to assess the nature of federalism and
to understand such issues as the theory and • and in the procedures for formal and
practice of federalism, the strengths and informal adaptation and change.
weaknesses of federal political solutions, the Clearly then, there is no single pure model
design and operation of various federal systems of federation that is applicable everywhere.
and the processes of political integration and Even where similar institutions are adopted,
disintegration has a long history. This paper will different circumstances have often made them
trace that history and the development of the operate differently. A classic illustration of this
comparative study of federalism, federal is the operation of the similar formal constitution
political systems and federations as a amendment procedures in Switzerland and
background for the following chapters which Australia requiring ratification by double
examine federal theories and the methodologies majorities in a referendum. In a century this
that have been employed in these studies. procedure produced over 110 constitutional
Much of the scholarly study of federalism amendments in Switzerland and only eight in
has taken the form of examining individual Australia (Watts, 1999: 2).
federations and from these a wealth of valuable Nevertheless, as long as these limitations are
insights has been gained. This paper, however, kept in mind, there is a genuine value in the
focuses specifically upon comparative federal undertaking comparative analyses. Many
studies. problems are common to virtually all
At the outset, it has to be noted that federations. Comparisons, therefore, may help
comparisons of different polities require us to understand more clearly the consequences
considerable caution. The basic federal notion of particular arrangements. Through identifying
of combining ‘shared rule’ for some purposes similarities and differences, comparisons may
with regional ‘self-rule’ for others within a draw attention to certain features whose
single political system so that both are a genuine significance might otherwise be overlooked or
reality has been applied in many different ways underestimated. It should be noted that
to fit different circumstances. Federations have comparisons may also suggest both positive and
varied and continue to vary in many ways: negative lessons through identifying successes
and failures of different arrangements and
• in the character and significant features of mechanisms employed to deal with similar
their underlying economic, social and problems.
cultural diversities;
This paper therefore focuses on the
• in the number of constituent units and the development of comparative studies relating to
degree of symmetry or asymmetry of their ‘federalism’, ‘federal political systems’ and
size, resources and constitutional status; ‘federations’. These interrelated terms are based
on a three-fold distinction (Watts, 1998: 119-22;
• in the scope and form of the allocation of
see also Burgess, 2006: 47-8). ‘Federalism’ is
legislative, executive and expenditure
understood as a normative concept involving the
responsibilities;
advocacy of federal arrangements combining

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Ronald L. Watts, Historical Development of Comparative Federal Studies

both shared rule and regional self-rule. ‘Federal by different authors writing on individual
political systems’ is a generic descriptive term federations but with the editors or specific
for the whole range of political systems marked authors drawing general conclusions from all of
by the combination of ‘shared rule’ and ‘self- these (e.g. Kincaid and Tarr 2005; Majeed,
rule’ including constitutionally decentralized Watts and Brown 2005). A variant of this
unions, quasi-federations, federations, approach has been to examine the handling of a
confederations, federacies, associated states, specific aspect or of a particular policy area in a
condominiums, leagues, joint functional wide range of federations (e.g. Brown, Cazalis
authorities and hybrids of these. ‘Federations’ and Jasmin, 1992; Cameron and Valentine,
refers to one specific species within the broader 2001; Banting and Corbett, 2002; Noël, 2004).
genus of ‘federal political systems’: a compound Not to be overlooked are also those general
polity combining constituent units and a general comparative studies of governments and
government, each possessing powers delegated political systems which, although not focused
to it by the people through a constitution, each explicitly on federal political systems, have in
empowered to deal directly with the citizens in their analysis distinguished the operation of
the exercise of a significant portion of its federal and non-federal systems (e.g. Lijphart
legislative, administrative and taxing powers, 1984, 1999; Loughlin 2001; Gagnon and Tully,
and each including institutions directly elected 2001). For the purposes of this chapter, all these
by its citizens. different types of comparative studies will be
included in terms of the contribution they have
Comparative federal studies have related to
made to our understanding of federalism, federal
all three of these terms. Some have focused
political systems and federations.
particularly on the development and refinement
of normative theories of ‘federalism’ advocating In this paper the development of
federal relationships within a society or polity. comparative federal studies will be portrayed in
Some have compared empirically how different terms of broad historical periods, but it should
forms of ‘federal political systems’ have be noted at the outset that these historical
operated in practice, e.g. federal vs. confederal, boundaries are not intended to be precise since
or how these have operated by comparison with each period tends to shade into the next.
non-federal, i.e. unitary, systems. Others have
focused more particularly on how within the
specific category of ‘federations’, similarities THE DEVELOPMENT OF FEDERAL
and differences are to be found and the COMPARISONS IN THE EIGHTEENTH
significance of these. AND NINETEENTH CENTURIES
These studies have encompassed different The Federalist Papers 1787-8
ranges of comparison. Some have focused While the history of federal ideas is rooted
solely on one federation, but have applied a in earlier writers such as Althusius, Locke and
comparative perspective (e.g. Arora and Verney, Montesquieu, the Federalist Papers provided the
1995; Rao, 1995). Many have to involved first example of explicit comparative federal
comparisons of just two political systems references. While the primary purpose of the
enabling direct comparisons but resulting in a Federalist Papers was one of the advocacy for
limited explanatory range (e.g. Gress 1994; what its authors considered the new innovative
Gress and Janes 2001; Hodgins et al., 1989; proposals of the Philadelphia Convention, the
Sharman 1994; Watts 1987). Others, however, merits of these proposals were supported by
have included a more broadly inclusive range of direct comparisons not only with the preceding
federal examples to seek general conclusions Articles of Confederation, but with specific
(e.g. Wheare 1963, Watts 1966, Duchacek 1970, historical examples of the ancient Greek
Riker 1975, Elazar 1987, Watts, 1999; Hueglin confederacies, and the German and Netherlands
and Fenna, 2006; Burgess 2006). Another and confederacies (Federalist 18, 19, 20). Further,
increasingly popular approach has been the the “comparative method” was also used to
production of edited works containing chapters

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Ronald L. Watts, Historical Development of Comparative Federal Studies

expound the character of the proposed British representative parliamentary tradition.


presidency by comparison with the British He particularly emphasized the major
monarchy (Federalist 69). Indeed, so preconditions of federation and the significance
devastating was the critique of earlier of representation in federal systems.
confederacies in The Federalist Papers, that for
In 1863, E.A. Freeman published the first
two centuries the prevailing wisdom concerning
and only volume of his projected History of
effectiveness and stability regarded confederal
Federal Government from the Foundation of the
political systems as virtually always inferior to
Achaean League to the Disruption of the United
federation. It has only been in recent years that
States which in fact took the story only to the
some credence has been given to the notion that
dissolution of the Achaean League. A second
in a world marked by deep ethnic diversities
edition published in 1893 after his death and
confederal solutions might provide more suitable
entitled A History of Federal Government in
solutions (See Elazar 1995 and Lister 1996).
Greece added an additional chapter dealing with
defective forms of federalism that had appeared
The Nineteenth Century
in Italy and a piece on the German confederacy.
Following the establishment of the United Much of what Freeman discussed related to
States of America, the first modern federation confederal rather than federal government, but it
late in the eighteenth century, the next century represented the first attempt at an empirical
saw the establishment of a number of federal or comparative approach to the history of federal
ostensibly federal regimes, all influenced, political systems. In undertaking this study,
although in varying degrees, by the American Freeman saw federal systems as essentially a
model. These included Switzerland (1848), compromise reconciling nation-building with
Canada (1867), the German Empire (2nd Reich, long-established particularity, and as combining
1871-1918), and at the turn of the century, the advantages of large states and of small states.
Australia. Furthermore, in Latin America federal Both Wheare (1963: 247) and Burgess (2006:
constitutions were first adopted in Venezuela in 13) have suggested that Freeman’s writing,
1811, Mexico 1824, Argentina 1853, and Brazil being the first major comparative academic
1891. Although the Latin American federations study of federal government, remains a valuable
exhibited considerable instability, by the end of reservoir of insights for the modern student of
the nineteenth century there now existed some federations.
basis for comparison among a considerable
Two other authors in the nineteenth century
range of federations and between federations and
are of particular interest. James Bryce’s two-
non-federations.
volume The American Commonwealth 1888,
Most of the major writers in the nineteenth followed in the footsteps of Tocqueville but with
century contributing to the literature on a more empirical approach in identifying the
comparative federal studies, took as their strengths and weakness of the United States as a
primary focus the analysis of the United States federation in comparative terms. His Studies in
as a federal model, using this as a basis for History and Jurisprudence, first published in
comparison with British and European non- 1901, drew particular attention to centrifugal and
federal political systems. Alexis de Tocqueville, centripetal forces affecting constitutional law.
in his Democracy in America first published in
The other author of note was A.V. Dicey,
1835, combined the role political scientist,
whose Introduction to the Study of the Law of
sociologist and political philosopher (Burgess
the Constitution first published in 1885, included
2006: 10) to explain the political values,
a discussion of federalism. Succeeding editions
traditions, social conditions and behaviour that
devoted increasing space to the subject. This
distinguished that federation from the political
influential work, essentially a study of English
regimes in Europe. John Stuart Mill in his
constitutionalism based upon comparisons with
Considerations on Representative Government,
constitutionalism in the United States and
first published in 1861, included a good chapter
France, compared and contrasted parliamentary
comparing the American federation to the

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Ronald L. Watts, Historical Development of Comparative Federal Studies

sovereignty and federation, and he included A second feature of this period was the
short comparative studies of the American, focus of a number of writers in the United States
Canadian and Swiss federations. Clearly an upon the redefinition of the essential character of
advocate for unitary rather than federal federations in terms of ‘cooperative federalism’
government, he assessed the latter negatively as replacing ‘dual federalism’. These attempts at
likely to lead to national disintegration, a view redefinition arose especially from the
which to this day continues to have deep roots examination of the administrative and financial
within British political thought. rather than the legal aspects of federal systems.
These focused on the important role of
THE TWENTIETH CENTURY PRIOR TO administrators and also of political parties and
1945 interest groups in the operation of federal
This period, marked by two world wars, a systems, leading to an increasing recognition of
world-wide depression, and the Wilsonian the extent of the interaction and
advocacy of new sovereign nation states, was interdependence, rather than independence,
one in which the advocacy of federal political among governments within federations,
organization was not a predominant feature. administratively, financially and politically. The
Nevertheless, the development of federal result was a new preoccupation with the study of
thought was marked by two positive and one intergovernmental relations. Because writers
negative features. studying the administrative and financial
arrangements within the United States were
The first was the development of a number struck by the extent of the administrative
of comparative studies, mostly in the 1930s. cooperation between governments that existed in
Sobei Mogi’s two-volume The Problem of practice in the 1930s the term ‘cooperative’
Federalism, a study in the history of political federalism’ was coined to describe it. Jane Perry
theory (1931) provided an exhaustive survey of Clark’s The Rise of a New Federalism (1938)
what American, British and German statesmen and a symposium on cooperative federalism in
and theorists had thought about federalism as an the Iowa Law Review (1938) typified this trend.
ideal form of government, although it contained This new emphasis was largely limited at least in
no empirical study of the institutions or working the 1930s, to studies within and about the
of federations. On the other hand, D.G. Karve’s United States rather than to internationally
Federations: A Study in Comparative Politics comparative studies, but as will be noted below,
(1932) presented a comparative summary of this laid the foundations for extensive post-war
constitutional provisions in several federal comparative studies of this aspect of the
systems. The problems of federal finance also operation of federations.
began to attract particular attention. B.P.
Adarkar, The Principles and Problems of At the same time, a feature of this period
Federal Finance (1933) was followed by G.F. was the continued negative evaluation of
Shirras, Federal Finance in Peace and War federalism and federation in many comparative
(1944) which was more detailed. In 1940, studies, illustrating both the difficulties
H.R.G. Greave’s Federal Union in Practice, a federations were facing in coping with the
short comparative study with an empirical focus world-wide depression and the continued
on the USA, Switzerland, Canada, the Union of influence of the sort of views Dicey had
South Africa, Australia and Germany, and articulated. Prior to 1945, the general attitude,
including a brief sketch of federations in South especially in Europe and Britain, appeared to be
America and the Spanish Republic, appeared. A one of benign contempt for the federal form of
forerunner of much of the subsequent analytical government. Many viewed federation as an
literature relating to the causes and conditions incomplete form of national government, and a
leading to federal unions, the onset of World transitional mode of political organization; and
War II obscured its impact, however. where adopted, to be an undesirable but
necessary concession made in exceptional cases
to accommodate political divisiveness. The more

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Ronald L. Watts, Historical Development of Comparative Federal Studies

ideologically inclined considered federalism to Australia, coupled with their development into
be a product of human prejudices or false modern welfare states.
consciousness preventing the realization of unity
A second factor stemmed from the
through such more compelling ideologies as
conditions accompanying the break-up of the
radical individualism, classless solidarity or the
European colonial empires in Asia, Africa and
General Will.
the Caribbean. The colonial political boundaries
For example, writing in 1939, Harold Laski rarely coincided with the distribution of the
(1939: 367) pronounced: “I infer in a word that racial, linguistic, ethnic and religious
the epoch of federalism is over.” Federation in communities or with the locus of economic,
its traditional form, with its geographic and historic interests. In the resulting
compartmentalization of functions, legalism, clashes between the forces for integration and
rigidity and conservatism, was, he argued, for disintegration, political leaders of
unable to keep pace with the tempo of economic independence movements and colonial
and political life that giant capitalism had administers alike saw in federal solutions a
evolved. He further suggested that federalism common ground for centralizers and
was based on an outmoded economic provincialists. The result was a proliferation of
philosophy, and was a severe handicap in an era federal experiments in these colonies or former
when positive government action was required. colonies. These included India (1950), Pakistan
Decentralized unitary government, he (1956), Malaya (1948) and then Malaysia
concluded, was much more appropriate to the (1963), Nigeria (1954), Rhodesia and Nyasaland
new conditions of the twentieth century. Even (1953), the West Indies (1958), Indochina
Sir Ivor Jennings, a noted British (1945-7), French West Africa and its successor
constitutionalist, who was an advisor in the the Mali Federation (1959), and Indonesia
establishment of several new federations within (1945-9). In the same period, in South America
the Commonwealth during the immediate post- where the federal structure of the United States
war period, once wrote that “nobody would have had often been imitated at least in form, new
a federal constitution if he could possibly avoid ostensibly federal constitutions were adopted in
it” (Jennings 1953: 55). Brazil (1946), Venezuela (1947) and Argentina
(1949).
THE SURGE IN THE POPULARITY OF
A third factor was the revival of interest in
FEDERAL SOLUTIONS 1945-1970
federal solutions in post-war Europe. World War
Factors contributing to the proliferation of II had shown the devastation that ultra-
federal systems nationalism could cause, gaining salience for the
While up to 1945 the federal idea appeared federal idea, and progress in that direction began
to be on the defensive, the following two with the creation of the European Communities.
decades and a half saw a remarkable array of At the same time, in 1945 in Austria the federal
governments created or in the process of constitution of 1920 was reinstated making
creation that claimed the designation ‘federal’. Austria once more a federation, Yugoslavia
Indeed only eight years after 1945, Max Beloff established a federal constitution in 1946, and in
(1953: 114) was able to assert that the federal 1949 West Germany adopted a federal
idea was enjoying “a popularity such as it had constitution.
never known before.” With this occurred a Thus, the two decades and a half after 1945
burgeoning of comparative federal studies. proved to be the heyday of the federal idea. In
Three factors contributed to this post-war both developed and developing countries, the
surge in the popularity of federal solutions. One “federal solution” came to be regarded as the
was the wartime success and post-war prosperity way of reconciling simultaneous desires for
of the long-established federations such as the large political units required to build a dynamic
United States, Switzerland, Canada and modern state and smaller self-governing political
units recognizing distinct identities. Not

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Ronald L. Watts, Historical Development of Comparative Federal Studies

surprisingly, these developments produced a Government, there followed a flood of


burgeoning of comparative federal studies by comparative studies. B.M. Sharma, Federalism
scholars. in Theory and Practice (1951), covered much
the same ground including lengthy descriptions
Kenneth Wheare’s Contribution of structures and devoted a great deal more
During this period the most valuable and space to India. Two major edited works
widely used work comparing federations was appeared in 1954 and 1955, R.R. Bowie and C.J.
that of Kenneth Wheare, an Australian at Friedrich (eds.), Studies in Federalism and A.W.
Oxford. The first edition of Federal Government Macmahon (ed.), Federalism Mature and
appeared in 1946, followed by subsequent Emergent. The first contained detailed country
editions in 1951, 1953 and 1963. This was a by country surveys of the nature and working of
pioneering effort to provide a detailed and specific institutional features and policy issues in
comprehensive comparison not only of the the United States, Switzerland, Canada,
constitutions but also of the actual working of Australia and Germany. The latter contained a
federal governments within the USA, Australia, series of chapters on various aspects of
Switzerland and Canada and including in the last federations, some dealing with established
edition references also to developments in federations, some with the particular
Western Germany, India and other emerging circumstances of developing federations, and
examples in the British Commonwealth. focused particularly on the project for a
Although following in the earlier British supernational union in Western Europe. The
tradition of casting his definition of the federal Sixth World Congress of the International
principle in largely legal and institutional terms, Political Science Association held in Geneva
Wheare emphasized the distinction between 1964 under the chairmanship of Carl Friedrich
federal constitutions and the actual operation of took as its theme ‘Federalism’ and papers
federal governments. Consequently, a major part prepared for the conference by C. Aikin, T.
of his comparative study was devoted to Cole, R.L. Watts, M. Merle, D. Sidjanski and L.
examining in detail how different federations Lipson were published in 1965 (J.D.
worked in relation to public finance, control of Montgomery and A. Smithies, 1965).
economic affairs, provision of social services, Subsequently, between 1968 and 1970
control of foreign affairs, and exercise of the war several further comparative federal studies
power. He examined not only the role of appeared, one edited by V. Earle in 1968,
constitutions, the distribution of powers and the emphasizing the infinite variety of federations in
courts, but also the impact of political parties. In theory and practice, one written by Carl
his chapters on the preconditions for federal Friedrich in 1968 identifying trends in
government he went beyond legal requirements federalism and drawing attention to the
into such aspects as the interaction of importance, not just of structures, but of
communities and the role of political leadership. dynamic processes within federations, one by
Writing in a period which followed a major Geoffrey Sawer, an Australian, in 1969
economic depression and a world war, he surveying the wide range of modern federations,
identified a general tendency for most federal and one by Ivo Duchacek in 1970, comparing
governments to gain power at the expense of the various aspects of federations as a territorial
constituent units, but also added that no form of political organization.
federation had yet become a unitary one and
doubted that federation was simply a stage of Studies of Emergent Federations
evolution towards unitary government.
This was a period too which saw a number
The subsequent flood of comparative federal of comparative studies focusing particularly on
studies the many emerging federations in Asia, Africa
and the Caribbean. A particularly perceptive
In the decade and a half after the first
article was that by F.G. Carnell (1961) on
appearance of K.C. Wheare’s Federal
“Political Implications of Federalism in New

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Ronald L. Watts, Historical Development of Comparative Federal Studies

States.” W.S. Livingstone (1963) provided a Musgrave’s 1965 classic on the general theory
comprehensive survey of works published in of fiscal federalism; Hicks (1961), Robson
English which touched on the emergence, (1962), Prest (1962) and Due (1964) dealt with
development and operation of federations in issues of federal financial relations within
countries of the Commonwealth. In 1966 R.L. emergent federations. To these was added in
Watts, a student of K.C. Wheare, published New 1969, R. May’s comprehensive comparative
Federations: Experiments in the study of federalism and fiscal adjustment.
Commonwealth, a detailed examination of six Livingston (1956) surveyed constitutional
major federal experiments in India, Pakistan, change in a range of federations and W.J.
Malaya (later Malaysia), Nigeria, Rhodesia and Wagner (1959) reviewed the structure and
Nyasaland and the West Indies in the years working of courts in federations together with
between 1945 and 1963. This study led him to their role in constitutional interpretation.
modify Wheare’s conceptual approach. He
Developments within Europe also had a
concluded that there were enormous variations
significant impact. There was a growing body of
including new forms and adaptations in the
thought advocating European integration and
application of the federal principle and that
federalism (outlined in Burgess 2000 and Pinder
when we turn from constitutional law to
1998; see also Monnet 1978). These
definitions which include political and
developments also led to studies of the factors
administrative practice and social attitudes the
and patterns contributing to integration across
problem of classification becomes more
national lines (e.g. Deutsch 1953, 1957; Etzioni
complex. He emphasized that in most of the
1962 and for a subsequent adaptation of
cases examined, federal experiments were the
Etzioni’s analysis, see Watts 1981; Jacob and
only possible constitutional compromise in the
Toscano, 1964).
particular circumstances, that in practice ‘dual
federalism’ had in these federations given way Two prescient articles which also appeared
to ‘interdependent federalism’ in which federal in this period should be noted, although neither
and constituent unit governments were mutually drew substantial attention until much later in the
interdependent without either being subordinate development of comparative federal studies. One
to the other, and that it was in the interaction of was a speculative piece by C.D. Tarlton (1965)
federal societies, federal constitutions and on symmetry and asymmetry as elements of
federal governments that research on federalism federalism, and the other was an analysis by J.R.
should focus (see Burgess 2006: 40). Pennock, 1959, entitled “Federal Government –
Disharmony and Reliability” which argued that
Among other comparative works relating to
multi-level governance by minimizing the
emergent federations during this period were
frustration of voter preferences enabled the
S.A. de Smith (1964) including a chapter on
maximizing of democracy. Both themes were to
federal developments in Africa, Malaysia and
become important issues in the last decade of the
the West Indies, D.S. Rothchild (1960) giving a
century.
well documented but primarily chronological
account of attempts at federal unions in East, Methodological debates
Central and West Africa, R.C. Pratt (1960) a This was a period too when a number of
more interpretive analysis, and Patrick Gordon major methodological issues relating to
Walker (1961) who suggested that the adaptation comparative federal studies came to the
of British parliamentary system to federation had forefront. A particularly important work in this
in the Commonwealth federations produced a respect was A.H. Birch’s Federalism, Finance
variant distinct from other federations. and Social Legislation in Canada, Australia and
The range of comparative studies the United States. At a time following World
War II when federations were wrestling with
A number of works during this period
their development as welfare states and with the
addressed particular aspects of federalism and
related problems of federal financial relations,
federation comparatively. In addition to
he extended the notion of “cooperative

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Ronald L. Watts, Historical Development of Comparative Federal Studies

federalism” as it had developed in the 1930s in negotiation and bargaining in the creation and
the United States to other federations. He subsequent operation of federations and to the
suggested that federalism was not obsolescent as role of political parties in these processes. This
Laski had argued, but had developed new thought-provoking approach proved stimulating
intergovernmental cooperative arrangements in to many students of federation, although its force
responding to the issues facing them. This led was somewhat diminished by a tendency for
him to suggest that the ‘dualism’ inherent in the Riker to treat some of the comparative evidence
federal principle, as defined by K.C. Wheare, in a simplistic and cavalier way.
needed to be redefined to make room for
In 1960, A.H. Birch contributed an article to
intergovernmental cooperation and financial
Political Studies on “Approaches to the Study of
transfers as a normal feature. The emphasis upon
Federalism.” This article summarized the major
interdependence and upon the study of
approaches of the period referred to above,
intergovernmental relations thus became a major
including a critique of each, and as such
focus of many subsequent individual and
provides a good outline of where the
comparative federal studies. Among such
methodology for comparative federal studies
examples were Corry (1958), Vile (1961),
stood at the end of the two decades following
Grodzins (1966) and Watts (1966).
Wheare’s first publication of his major study.
A second methodological development was
Before we turn to the next historical stage, it
a new emphasis upon the social factors shaping
is worth noting that towards the end of this
federations. Livingston (1952, 1956) argued that
period some developments were occurring to
“the essence of federalism lies not in the
facilitate the work of scholars interested in
constitutional or institutional structure but in the
federal studies. In 1965, the first academic
society itself. Federal government is a device by
centre specializing in federal studies was
which the federal qualities of the society are
established with the Institute of
articulated and protected” (1956: 2). The
Intergovernmental Relations at Queen’s
constitution and legal institutions were simply
University in Canada. Founded by J.A. Corry, its
the “instrumentalities” employed to articulate
mandate was to promote research and public
the diversities and integrating forces within the
discussion on the challenges facing the Canadian
society (1956: 7-11). Some critics (e.g. Birch
federation and federations elsewhere. Soon after,
1966) argued that this definition in effect
in 1967, Daniel Elazar founded the Center for
classified all societies as federal. Furthermore
the Study of Federalism at Temple University,
they noted that Livingston’s own comparative
Philadelphia in the USA, and such was the
study of constitutional change in federations was
growth of similar centres in a number of
in fact little different from Wheare’s in its
federations that by 1977 it was possible for ten
constitutional and legal emphasis. Nevertheless,
such centres in eight different countries to meet
following Livingston comparative federal
together to form an international association.
studies paid much more attention to the
interaction between federal societies and federal A MORE CAUTIOUS ENTHUSIAM FOR
political institutions, finding expression for FEDERAL SOLUTIONS, 1970-90
instance in the writing of both Watts (1966) and
Stein (1971). Impact of federal difficulties and failures
A third methodological shift arose from the From late in the 1960s on, it became
general movement within political science, increasingly clear that federal political systems
particularly in the United States, to shift the were not the panacea that many had in the early
focus of the discipline from legal and political years after 1945 imagined them to be. Most of
institutions to the study of political behaviour the post-war federal experiments experienced
with an emphasis upon quantitative analyses. difficulties and a number of these were
W.H. Riker (1964, 1969 and 1975) exemplified abandoned or temporarily suspended. Examples
this trend and made an important contribution by were the continued internal tensions and
drawing attention to the importance of frequent resort to emergency rule in India, the

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Ronald L. Watts, Historical Development of Comparative Federal Studies

secession of Bangladesh from Pakistan, the In Canada, the Quiet Revolution in Quebec
forcing out of Singapore from Malaysia, the during the 1960s, and the ensuing four rounds of
Nigerian civil war and the subsequent mega-constitutional politics in 1963-71, 1976-
prevalence of military regimes, the dissolutions 82, 1987-90 and 1991-2 had produced three
of the federations of the West Indies and of decades of severe internal tension. Aboriginal
Rhodesia and Nyasaland, and the collapse of land claims, crises in federal provincial financial
most of the French colonial federations. relations and the problems of defining the
relative federal and provincial roles under the
These experiences indicated that even with
free-trade agreements with the United States,
the best of motives, there were limits to the
and later Mexico, created additional stresses.
appropriateness of federal solutions. In addition,
the experience in Latin America, where many of In 1975, Australia experienced a
the constitutions were federal in form but unitary constitutional crisis that raised questions about
in practice, added skepticism about the utility of the fundamental compatibility of federal and of
federation as a practical approach in countries parliamentary responsible cabinet institutions.
lacking a long tradition of respect for The result was a revival in some quarters in
constitutional law. Australia of the debate about the value of
federation.
In Europe the slow pace of progress towards
integration, at least until the mid-1980s, also Through most of this period West Germany
seemed to make the idea of a federal Europe remained relatively prosperous. Nevertheless,
more remote. increasing attention was being drawn to the
problems of revenue sharing and of the “joint
Even the classical federations of the United
decision trap” entailed by its unique form of
States, Switzerland, Canada and Australia were
interlocked federalism requiring a high degree of
experiencing renewed internal tensions and a
co-decision making (Scharpf, 1988).
loss of momentum which reduced their
Furthermore, the impact of membership in the
attractiveness as shining examples for others to
European Union upon the relative roles of the
follow. In the United States, the centralization
Bund and the Länder was also a cause of
of power through federal preemption of state and
concern.
local authority, and the shifting of costs to state
and local governments through unfunded or
At the end of this period, the disintegration of
underfunded mandates had created an apparent
the former authoritarian centralized federations
trend towards what became widely described as
in the Soviet Union, Yugoslavia and
“coercive federalism” (Kincaid 1990,
Czechoslovakia exposed the limitations of these
Zimmerman 1993). Furthermore the apparent
federal façades.
abdication in 1985 by the Supreme Court of its
role as an umpire within the federal system A new focus on the pathology of federations
(Garcia v. San Antonio Metro Transit Auth., 469 In such a context, one strand of comparative
US 528 (1985) raised questions, at least for a federal studies focused on the pathology of
time, about the judicial protection of federalism federations. As early as 1966, T.M. Franck had
within the American system. edited a book entitled Why Federations Fail
Switzerland had remained relatively stable, which examined the cases of the West Indies,
but the long-drawn crisis over the Jura problem Rhodesia and Nyasaland, Malaysia and East
prior to its resolution, the problems of defining Africa. In 1978 Ursula Hicks examined the issue
Switzerland’s future relationship with the of success and failure in a wider range of cases,
European Community, and the prolonged concluding that neither failure nor success could
unresolved debate for three decades over the be attributed to a unique factor but were to be
renewal of the Swiss constitution raised explained by a combination of factors. At about
concerns within the Swiss federation. the same time the tensions within Canada
inspired Watts (1977) to make a comparative
study of the variety of factors contributing to the

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Ronald L. Watts, Historical Development of Comparative Federal Studies

survival or disintegration of federations The major contribution of Daniel Elazar


elsewhere. Federations and unions composed of
It was during this period that Daniel J.
only two constituent units have tended to suffer
Elazar emerged as the major figure in
severe political difficulties and these were
comparative federal studies both in terms of his
examined in a special issue of Publius: The
own scholarly work and in terms of his
Journal of Federalism edited by Ivo Duchacek
encouragement of collaboration among those
(1988). Two other general comparative studies
engaged with the field. (For a fuller account of
of federation which during this period dealt with
Elazar’s contributions see Watts, 2000).
the subject of secession were Duchacek (1970)
and King (1982), the former noting that “the From the foundations of his empirical work
temptation to secede and form an independent on federalism in the USA in the 1960s, Elazar
territorial unit had assumed epidemic turned his attention in the late 1970s to the
proportions” by the time he was writing (1970: consideration of federalism and federations
69). Subsequent discussions of the pathology of elsewhere. His first foray into this field was an
federations can be found in later periods in edited book on the subject of federalism and
Young (1998: chs. 10 and 11), Watts (1999a: political integration (Elazar, 1984). In the
109-115) and Burgess (2006: 269-282). succeeding year, together with John Kincaid, he
introduced the concept of “covenant” as a
The continued development of federal studies conceptual foundation of federalism (Kincaid &
Elazar 1985), a notion that was to mark all his
But during this period not all comparative
work in federal theory. Two years later, Elazar
federal studies focused on the difficulties and
(1987a) edited a book on the philosophical basis
problems of federations. Indeed, there was a
of federalism reviewing the contributions to
substantial flow of books furthering discussions
federal thought of a wide range of philosophers
introduced earlier in the period 1945-70. These
including Althusius, Kant, Rousseau,
refined and extended our understanding of
Tocqueville, Proudhon, Marc, James, Dewey
federations and federalism. Among these were
and Buber. In the same year, his major
comparisons of factors leading to political
contribution to the comparative study of
integration and the formation of federations (e.g.
federalism, Exploring Federalism (1987b)
Watts 1970c; Dikshit 1975; Breton & Scott
appeared. In this work he explored the roots of
1978; Watts 1981; Elazar 1984). Many dealt
federalism, traced its historical development,
with various aspects in the operation of
and portrayed how federal systems had been
federations (e.g. Vile 1973; Bakvis & Chandler
employed to promote a variety of workable
1987; Goldwin et al. 1989; Wood et al. 1989),
governmental systems for people with diverse
including fiscal federalism (Oates 1972;
traditions. Three major themes of this work were
McClure 1983; Bird 1986), intergovernmental
his emphasis on (1) the covenantal foundations
relations (Watts 1970b; Nice 1987; Watts 1989),
of federalism, (2) the identification of the variety
constitutional change (Banting and Simeon
of institutional forms expressing the federal
1986), patterns of centralization and
principle, and (3) the drawing of attention to the
decentralization (Brown-John, 1988), the role of
contemporary resurfacing of federalism through
federal second chambers (Watts 1970a), the role
this variety of forms in an increasingly complex
of courts in preserving federalism (Coper 1989)
and interdependent world.
and the role and organization of federal capitals
(Rowat 1973). Some addressed the issue of the In addition to his writing which presented
effectiveness of federations (e.g. Golembiewski fresh conceptual foundations for understanding
et al., 1984; Hanf & Tooner, 1985). A federalism internationally, Daniel Elazar
considerable number also further developed the devoted much personal effort to encouraging
theory of federalism (Landau 1973; Vile 1977, international collaboration among scholars
1986; Davis 1978; King 1982; Forsyth 1981 and engaged in comparative federal studies. During
1989; Kincaid & Elazar 1985; Burgess 1988 and his many international travels from his bases in
Elazar 1987a and 1987b). Philadelphia and Jerusalem, he encouraged

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Ronald L. Watts, Historical Development of Comparative Federal Studies

groups of scholars to develop their own centres together representatives of the various
for federal studies, and in June 1977, largely multidisciplinary centres for research on
through his initiative, representatives from ten federalism, the IPSA Research Committee
such centres drawn from eight countries met in linked individual political scientists working on
Switzerland and established an International federal studies. This body not only organized
Association of Centres for Federal Studies panels on comparative federal studies at the
(IACFS) in order to further the study of federal triennial IPSA World Congresses, but also held
principles, patterns and experience. Daniel on occasion its own conferences and round
Elazar became the founding president and tables, including joint conferences from time to
provided leadership in that capacity until 1991 time with the IACFS. Among its publications
when R.L. Watts succeeded him as president. By during its first decade was a volume edited by
that time the membership of the IACFS Lloyd Brown-John (1988) on centralizing and
consisted of twelve centres, seven of the original decentralizing trends. For much of its existence
founding institutions plus five that had joined up to 2000, Lloyd Brown-John was its chairman,
subsequently. The normal pattern of annual but the development of the IPSA Research
business meetings combined with conferences Committee owed much to Daniel Elazar’s
on various themes relating to federalism, and the personal encouragement and participation in its
regular publication of these conference papers activities as a member of its executive
had become firmly established by then. IACFS committee.
conference topics during this period included:
Another way in which Daniel Elazar
“Federalism and Regionalism (Aosta, Italy,
encouraged federal studies was through his role
1978), Covenant and Federalism (Philadelphia,
as founder and editor for some thirty years of
USA, 1979), the Politics of Constitution-Making
Publius: The Journal of Federalism. Quite early
(Kingston, Canada, 1981), Constitutional Design
in the journal’s history, John Kincaid became
and Power-Sharing (Jerusalem, Israel, 1984), the
associate editor (1981) and then co-editor (1985)
Role of Constitutions in Federal Systems
and the two worked closely together until 2000
(Philadelphia, USA, 1987), the Organization of
when, following Elazar’s death, Kincaid became
States and Democracy (Bahia, Brazil, 1988),
the sole editor until he was succeeded by Carol
Autonomy and Federation (Madrid, Spain,
Weissert in 2006. During its early years, Publius
1989), Federalism and the European Community
was primarily focused on the underlying ideas
(Brugge, Belgium, 1989), Federalism in the
and operation of American federalism, but
Soviet Union (Leicester, UK, 1990), and Higher
progressively over the years under the joint
Education in Federal Systems (Kingston,
editorship of Elazar and Kincaid Publius
Canada, 1991). The IACFS also sponsored other
included more and more articles about federal
publications including a survey of federal
systems elsewhere, and it clearly established
concepts by William Stewart (1984), and a
itself as the leading journal not only on
handbook of federal systems of the world edited
American federalism, but on federalism and
by Daniel Elazar (1991, a revised second edition
federations internationally.
followed in 1994). Elazar’s initiative in
establishing the IACFS and encouraging its RESURGENCE IN ENTHUSIASM FOR
development clearly made a major contribution FEDERAL SOLUTIONS SINCE THE 1990s
to the expansion of international activity and
collaboration in federal studies. Trends since the 1990s
Daniel Elazar also played a major role in In the 1990s, there developed a general
the establishment in 1984 of another revival in the enthusiasm for federal political
international body for collaborative federal solutions. Outside the academic realm, political
studies. This was the International Political leaders, leading intellectuals, and even some
Science Association (IPSA) Research journalists came increasingly to refer to
Committee on Comparative Federalism and federalism as a liberating and positive form of
Federation. Wile the IACFS had brought political organization. Indeed by the turn of the

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Ronald L. Watts, Historical Development of Comparative Federal Studies

century, it could be said that some 40 percent of displayed a degree of flexibility and adaptability
the world’s population lived in some two dozen in responding to changing conditions. Another
federations or countries that claimed to be was the collapse of the totalitarian regimes in
federal. Belgium, Spain, South Africa and to a Eastern Europe and the former Soviet Union.
lesser degree also Italy were moving towards These developments undermined the appeal of
new federal forms. In a number of other transformative ideologies and exposed the
countries, such as the United Kingdom, some corruption, poverty and inefficiency
consideration was being given to the efficacy of characteristic of systemic and authoritarian
incorporating some federal features, although centralization. A third was the progress made
not necessarily all the characteristics of a full- during this period in Europe’s apparent federal
fledged federation. Furthermore, the conversion evolution with the Single European Act and the
of the European Community into the European Maastricht Treaty and the broadening of the
Union suggested (at least up until 2005) a European Union to incorporate a much widened
regained momentum in the evolution to a wider membership.
and federal Europe. In Latin America the
restoration of federal regimes in a number of The expansion of comparative federal studies
countries after periods of autocratic rule All of these factors contributed to the
provided positive indications. In Asia, the renewed general interest in federal methods of
economic progress of India showed that organizing political relationships and
coalition-based federalism was a workable distributing political powers in a way that would
response to the problems of development. enable the common needs of people to be
Elsewhere in the Third World and especially achieved while accommodating the diversity of
Africa, the failure of “strong leaders” to resolve their circumstance and preferences. This revival
persistent social and political problems, and the of interest in federal political systems beginning
realization of such international bodies as the in the 1990s has differed, however, from the
World Bank that decentralization was the excessively enthusiastic proliferation of
preferred strategy for economic development federations that occurred in the early decades
contributed to the widespread renewed interest after 1945.Experience since that decade has led
in federal or at least devolutionary political to a more cautious sanguine approach (Elazar,
solutions. 1993).
A number of other factors contributed to this The past decade and a half has seen a vast
trend. One was the widespread recognition that production of comparative federal studies
an increasingly global economy had unleashed building upon, refining and modifying the earlier
centrifugal economic and political forces writing. At the same time there has been a new
weakening the traditional nation-state and emphasis upon a number of themes. For
strengthening both international and local instance, although Tarlton (1965) had indulged
pressures, a combined trend which Tom in some speculations on the impact of
Courchene (1995) has called “glocalization”. asymmetry within federations, it was only in the
Another was the changes in technology that 1990s that this issue drew substantial attention.
were generating new, more federal, models of Given the historical examples of asymmetry in
industrial organization with decentralized and Canada, India, Malaysia and the more recent
flattened hierarchies involving noncentralized examples in Spain, Belgium, Russia and the
interactive networks. These developments have European Union, a joint IACFS-IPSA Research
influenced the attitudes of people in favour of Committee Conference held in South Africa in
noncentralized political organization. 1993 identified asymmetrical federalism as a
Developments in three political areas also major research focus (de Villiers 1994). As a
appeared to have an impact. One was the result, in 1999 a volume of collected studies on
resurgence of the classical federations which, this subject edited by Robert Agranoff (1999)
despite the problems they had experienced in the reviewing the effectiveness and limits of
preceding two decades, had nevertheless asymmetry in federations was produced.

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Ronald L. Watts, Historical Development of Comparative Federal Studies

Another topic which has received challenges with which many federations have
prominence in this period, particularly as a result attempted to deal. Numerous studies of fiscal
of a number of articles written by and special relations within federations have also continued
issues of journals edited by Daniel Elazar (1995, as illustrated by Ball and Linn (1994), Rao
1996, 1997), has been the identification of an (1995), Boothe (1996), Watts (1999b), Bird and
international paradigm shift from a world of Stauffer (2001), Blindenbacher and Koller
states modeled on the seventeenth century idea (2003: 349-516), Jeffery and Heald (2003),
of the nation-state to a world of diminished state Boadway and Watts (2004), and Watts (2005).
sovereignty involving a great variety of A notable feature of these, especially
increasingly constitutionalized interstate Blindenbacher (2003) and Jeffery and Heald
linkages of a federal character. Elazar suggested (2003) has been the emphasis upon the political
that we were still in the early stages of this shift, and not just the economic consequences of the
but that the trend was illustrated by numerous financial relations within federations. Among
current developments in international relations studies on other aspects of federations, Bzdera
and in domestic government and politics. (1993) reviewed the theory of judicial review in
the light of a comparative analysis of the actual
Closely related has been the increasing
operation of federal high courts.
attention given to the effect of the global
Intergovernmental relations has continued to be
economic relationships which came increasingly
the focus of many comparisons, a particularly
to the forefront in this period. The result has
notable example being that of Agranoff (2004).
been a number of comparative studies relating to
During this period the Institute of
the impact of economic globalization upon
Intergovernmental Relations at Queen’s
federations including those edited by Knop et al.
University in Canada produced a series of
(1995), Boeckelman and Kincaid (1996) and
comparative studies relating to the handling of
Lazar, Telford and Watts (2003).
specific policy fields in different federations:
The rapid development of the European examples were Cameron and Valentine (2001)
Union during this period has also produced a on disability, Banting and Corbett (2002) on
number of works on the character of European health policy, and Nöel (2004) on labour market
integration as well as studies comparing its policy. Closely related have been a number of
hybrid character with those of other federations works revisiting through comparative studies the
and confederations. Examples have been general effectiveness of federations in achieving
Burgess and Gagnon (1993), Brown-John the objectives of a welfare state: Obinger et al
(1995), Leslie (1996), Hesse and Wright (1996), (2005) and Greer (2006).
Lister (1996) Pinder (1998), Burgess (2000),
There has recently also been a considerable
Nikolaidis and Howse (2001), and Burgess
body of literature addressing the issue of
(2006: 226-247). The failure in 2005 of the
representation in federations and the
Constitutional Treaty to receive ratification in
interrelationship of federalism and democracy.
several key member countries appears, however,
Olson and Franks (1993) Brzinski et al (1999)
since 2005 to have arrested the momentum of
Patterson and Mughan (1999) have been
the European Union somewhat, and this can be
examples. More recently Alfred Stepan (1999,
expected to lead to a new set of analyses.
2001, 2004a, 2004b, 2004c) has produced a
In addition to these new themes, there has series of studies comparing the different roles of
been a flood of comparative studies expanding second chambers and of veto players in different
on themes examined in earlier comparative federations and unitary systems in terms of their
federal studies. A number, including Kymlicka ‘demos-constraining’ and ‘demos-enhancing’
(1999), G. Smith (1995), Ghai (2000), Maiz effects and hence their character as democracies.
(2000), Gagnon and Tully (2001), Simeon and Stepan’s studies have emphasized the great
Conway (2001), Requejo (2001, 2004), and variety of these features among federations.
Amoretti and Berneo (2004) have focused upon Further contributing to these analyses have been
the multiethnic and multinational cleavages and Swenden (2004) and Tsebelis (1995 and 2002).

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Ronald L. Watts, Historical Development of Comparative Federal Studies

From a more general point of view a number of assessed the political and economic performance
comparative studies of democracies by Arendt of a range of federations, concluding that on
Lijphart (1984, 1999) have drawn attention to balance federations have tended to perform
patterns of majoritarian and consensus better than non-federal political systems. Current
democracy in non-federal and federal countries. empirical research by John Kincaid (publication
In terms of the role of political parties in forthcoming) would appear to confirm this
federations, Sharman’s (1994) Australian- assessment.
Canadian comparisons and the comparative
During this period a number of comparative
IACFS-IPSA volume edited by Hrbek (2004) are
overviews of federations have also appeared.
noteworthy.
These have included R.L. Watts (2nd edition,
This period has seen a number of other 1999, also subsequently published in French,
significant new contributions to the comparative Spanish, and with modifications in Ukrainian
study of federations. Montero (2001) and and Arabic), J. Smith (2004) and T. Hueglin and
Gibson (2004) have filled a void in our A. Fenna (2006).
understanding of Latin American federations.
Furthermore, the latter volume includes two The broadening infrastructure for comparative
articles by Stepan (2004a, 2004b) encompassing federal studies
a broader international range of comparisons. The period since 1990 has seen a significant
The article by Anckar (2003) on “Lilliput broadening of the infrastructure supporting
Federalisms” outlining the particular research and publications in the field of
characteristics of relatively tiny mostly island comparative federal studies. Publius: The
federations has also helped to fill another gap in Journal of Federalism has continued under the
the range of comparative federal studies. joint editorship of Daniel Elazar and John
Another new element in comparative federal Kincaid until the former’s death in 1999, then
studies in this period has been a focus on public the sole editorship of John Kincaid up to 2005,
opinion and attitudes regarding federalism and since then the sole editorship of Carol
(Kincaid et al., 2003). Given the many Weissert (after a year of joint editorship). It has
devolutionary movements occurring during this produced not only its many articles on US
period in Europe, Loughlin’s (2001) broad federalism and its annual ‘State of American
comparison of these which encompassed both federalism’ issue, but an increasing number of
federal and less than federal examples has articles dealing with federalism elsewhere. In
provided an overview, and numerous articles in addition, from time to time special issues have
Regional and Federal Studies have added been published on individual cases of federation
insights into these cases. Closely related has or devolution elsewhere: Australia (20(4), 1990),
been the extensive series of studies produced by Nigeria (21(4), 1991), Europe (26(4), 1996),
the UK ESRC Research Programme on Spain (27(4), 1997), India (33(4), 2003) and the
Devolution and Constitutional Change under the United Kingdom (36(1), 2006). In addition it
leadership of Charlie Jeffery, many of them published a global review of federalism (32(2),
involving significant comparisons with other 2002).
countries including federations.
In this period, Publius was joined by
In the realm of federal theory, Orban (1992) several other journals focusing particularly on
has examined contrasting interpretations of federalism and federations. In 1991, a new
federalism aiming at a supranatural state or an journal, originally entitled Regional Politics and
association of sovereign states, a volume edited Policy, was founded under the editorship of John
by Burgess and Gagnon (1993) has emphasized Loughlin. But within a few years it had changed
the distinction between the Anglo-American and its title to Regional and Federal Studies focusing
European traditions of federalism, and Burgess particularly, but by no means exclusively, on
(2006) has provided a masterful comprehensive European experience. At various times John
review of federal theory and practice. A work Loughlin, Paul Hainsworth, Michael Keating
edited by U. Wachendorfer-Schmidt (2000)

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Ronald L. Watts, Historical Development of Comparative Federal Studies

and Charlie Jefferey have served as editors and Dictionaire international du fédéralisme
Charlie Jefferey now occupies the post of (originally under the direction of Denis de
managing editor. It too has from time to time Rougemont, but edited by François Saint-Ouen).
devoted a whole issue to some general topic as The IACFS also undertook a number of joint
for example: volume 6(2) 1996 on “the Regional projects including an online international
Dimension of the European Union,” volume bibliography on federalism. In the period from
10(2) 2000 on “Europe and the Regions”, 1991 to 2005 the IACFS expanded from an
volume 11(3) 2001 on “Ethnicity and Territory association of ten member centres to one of 23
in the Former Soviet Union”, volume 12(2) 2001 centres located in 15 different countries in six
on “Region, State and Identity in Central and different continents.
Eastern Europe”, volume 12(4) 2002 “New
The International Political Science
Borders for a Changing Europe”, volume 13(4)
Association Research Committee on Federalism
2003 edited by Jefferey and Heald on territorial
and Federation also continued under the
finance in decentralized states, volume 15(2)
chairmanship of Lloyd Brown-John until 2000
2005 on “Europe’s Constitutional Future:
when Robert Agranoff succeeded to the chair.
Federal Lessons for the European Union,” and
During this period it continued to mount several
volume 15(4) 2005 on “Devolution and Public
panels at each IPSA Congress (every three
Policy: A Comparative Perspective”. In addition
years) as well as organizing meetings between
a number of regional journals have also entered
these events, on occasion jointly with the
the field: The African Journal of Federal Studies
IACFS. The IPSA Research Committee has
edited by Isawa Elaigwu and The Indian Journal
provided a particularly useful vehicle for those
of Federal Studies edited by Akhtar Mahjeed.
individual political scientists not attached to a
Articles on issues relating to federations have
specialized centre or institute to meet regularly
also frequently been published in the more
in pursuing their interest in comparative federal
general journals on political science, economics
studies. Two particularly noteworth publications
and constitutional law in individual federations.
arising from the Research Committee were de
Thus, it can be said that federal studies are now
Villiers, ed. (1994) on assessing the then state of
well supported by a range of journals.
the discipline, and Agranoff, ed. (1999) on
During the past decade and a half, the two asymmetry in federal systems. A third project is
organizations established to foster academic a volume (forthcoming), edited by Robert
cooperation in federal studies have continued to Agranoff, to assess the state of the discipline at
operate. The International Association of the beginning of the twenty-first century.
Centres of Federal Studies, under the presidency
A new development at the turn of the
of Ronald Watts (1991-1998), John Kincaid
century was the establishment on the initiative of
(1998-2004), and Cheryl Saunders (2004- ) has
the Canadian federal government of the Forum
continued to hold annual conferences and as a
of Federations. The Canadian government,
result has published a number of books: on
convinced that there would be real value in
economic union in federal systems (Mullins and
organizing an opportunity not just for scholars
Saunders, eds., 1994), evaluating federal
but particularly for practitioners (statesmen,
systems (jointly with the IPSA Research
politicians and public servants) in federations to
Committee, de Villiers, ed., 1994), issues
exchange information and learn from the
relating to a proposed European constitution
experience of each other, arranged a major
(Fleiner and Schmitt, eds., 1996), federalism and
international conference on federalism at Mont
civil societies (Kramer and Schneider, eds.,
Tremblant in the autumn of 1999. Over 500
1999), political parties and federalism (Hrbek,
representatives from twenty-five countries,
ed., 2004), and the place and role of local
including the Presidents of the United States and
government in federal systems (Steytler, ed.,
Mexico and the Prime Minister of Canada,
2005). In addition, in 1994 it published a
participated. Major presentations and papers of
substantially revised second edition of Federal
the conference were subsequently published in
Systems of the World edited by D.J. Elazar and a
the International Social Science Journal ,

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Ronald L. Watts, Historical Development of Comparative Federal Studies

special issue 167, 2001. Among the themes upon distribution of responsibilities, federalist
which the conference focused were social techniques and functioning methods, and
diversity and federation, economic and fiscal federalism in international relations. The fourth
federalism, intergovernmental relations, and international conference is scheduled for Delhi
federalism and the welfare state. Such was the in November 2007.
success of this conference, that it was decided to
In addition to these major international
put the Forum of Federations on a permanent
conferences, a particular activity of the Forum
basis with its own international board chaired by
has been its Global Dialogue on Federalism
Bob Rae, a former premier of Ontario. Initially
program which it has conducted in association
the funding for the Forum came totally from the
with the IACFS. This has involved the
Canadian federal government, and although it
consideration of particular themes relating to
still contributes the largest share, the Forum has
federalism. In all it is planned to address a dozen
now evolved to the point where governments in
or so themes, but the first seven focus on (1) the
seven federations (Australia, Austria, Canada,
role of constitutions in federations, (2) the
India, Nigeria, Mexico and Switzerland) are
distribution of powers and responsibilities in
contributing members. A number of others are
federations, (3) legislative, executive and
contemplating membership, and the current
judicial institutions in federations, (4) financial
chairman of the board is a former President of
arrangements in federations, (5) the handling of
Switzerland.
foreign relations and policy in federations, (6)
The Forum is particularly concerned with the place and role of local governments in
the contribution that federal arrangements make federations and (7) diversity within federal
and can make to the maintenance and systems. For each theme a dozen or so
construction of democratic societies and federations, always including a basic six (United
governments. It has been pursuing this goal by States, Switzerland, Canada, Australia, Germany
building international networks fostering the and India) plus a varied selection of others is
exchange of experience on federal governance, examined. For each theme a country round table
enhancing mutual learning and understanding of practitioners and academics is held in each
among practitioners in federations, and country, followed by an international round table
disseminating knowledge and technical advice drawn from the country round tables. These
of interest to practitioners in existing federations dialogues have then provided the basis for a
and of benefit to countries seeking to introduce comprehensive book on each theme
federal elements into their governance supplemented by a brief booklet for those
structures. wishing an overview. The Senior Editor of the
series is John Kincaid. To date publications have
Among the major activities of the Forum has
already resulted from the first three themes,
been the sponsorship at three yearly intervals of
Kincaid and Tarr (2005), Majeed, Watts and
major international conferences of practitioners
Brown (2005) and LeRoy and Saunders (2006).
and academics on federalism. The second was
The fourth (Shah) on fiscal relations is expected
held at St. Gallen, Switzerland in 2002 with over
to appear during 2007, with the fifth
600 participants from more than 60 countries.
(Michelman) on foreign relations and sixth
The conference papers and proceedings
(Steytler) on local government themes due to
(Blindenbacher and Koller, 2003) contain a
follow soon after. These are producing
wealth of material on the three major themes of
substantial increases in the resources available in
that conference: federalism and foreign relations
comparative federal studies.
(51-193), federalism, decentralization and
conflict management in multicultural societies In addition to these two major activities the
(195-347), and fiscal federalism (349-516). The Forum also conducts a governance program to
third international conference was held in make available expertise to a wide range of
Brussels in 2005 with over 1000 participants newer or potential federations. This has included
from some 80 countries, considering the themes: programs in Mexico, Brazil, Nigeria and India
the foundations of federalism, federalism and the and also in Sri Lanka, the Philippines, Iraq and

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Ronald L. Watts, Historical Development of Comparative Federal Studies

Sudan. For this work it has developed formal Federal Theory


liaison arrangements with a variety of
One major area has been the development of
organizations in individual federations and more
federal theory and its relationship to practice, a
recently with the IPSA Research Committee on
subject which is dealt with more fully in the
Comparative Federalism and Federation.
following chapter by Michael Burgess and Franz
As part of its effort to further the Gress. Federal theory has evolved from that in
international exchange of information among the Federalist Papers through Wheare (1945),
federations, the Forum also produces several Birch (1955), King (1982) and Elazar (1987,
times a year a magazine Federations, which 1995, 1996). This evolution is comprehensively
contains brief articles, mainly directed at covered by Burgess (2006). The result is a
practitioners, on recent developments in movement from a largely exclusive and
federations around the world. It also publishes a legalistic and institutional focus on federations
separate newsletter on its own activities. At to a broader focus upon complex social and
regular intervals a Handbook of Federal political relationships and their interaction.
Countries (2002, 2005) carries on the role
previously filled by Elazar (1991b and 1994a). The Impact of Federal Societies
During its brief history the Forum has also In the realm of descriptive comparative
developed a website making available a vast analysis of federal political systems and of
array of articles on various aspects relating to the federations one may identify a number of areas
operation of federations. in which there is now a substantial body of
Although the primary thrust of the Forum is scholarly literature examining the interaction
to serve practitioners within federations or pre- between ‘federal societies’ and their political
federations rather than to be an association of institutions. Among studies emphasizing this
scholars, the Forum, by gathering information aspect have been Livingston (1952), Watts
and providing opportunities for the exchange of (1966), Stein (1971) and Blindebacher and
experience in different federations, has Watts (2003: 12-16). An important aspect of
contributed enormously to broadening the base this has been the comparative study of the
for comparative federal studies. factors and processes affecting the formation and
evolution of federal systems. This has been
THE CUMULATIVE STATE OF considered by Friedrich (1968), Riker (1975),
COMPARATIVE FEDERAL STUDIES Dikshit (1975), Watts (1981), Elazar (1987,
1994b), Hesse and Wright (1996) and Kramer
The cumulative scope of comparative federal
and Schneider (1999). These have examined the
studies
interaction among geographical, historical,
From the preceding historical survey it is economic, ideological, security, intellectual,
clear that the cumulative result has been a cultural, demographic and international factors
substantial body of comparative studies relating inducing simultaneous pressures for both unity
to federalism as a concept, to the analysis of the and regional diversity, and the significance of
formation and operation of federal political these factors in leading to the consideration of
systems generally and more specifically to unitary, federal and confederal alternatives and
federations. In different historical periods the influencing their subsequent operation. Also
focus on particular issues has varied, but the significant, Friedrich (1968) and Watts (1999:
cumulative effect has been to establish a broad 36) have noted, is whether the process of
base on which future research and literature can establishment has involved aggregation,
continue to be built. devolution, or a mixture of both. Pinder (in
At the beginning of the twenty-first century, Burgess and Gagnon, 1993) has also pointed out
we may identify a broad range of sub-fields in the significance of whether the creation of the
each of which a substantial body of comparative federal system was achieved all at once or by
federal studies has been built up (Watts 1998). stages. Another important aspect of the
establishment of federal systems is the degree of

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Ronald L. Watts, Historical Development of Comparative Federal Studies

elite accommodation, negotiation among is that there is an enormous variation in both the
political parties and public involvement in the form and scope of the distribution of
process of creation (Riker 1975; Watts 1981). constitutional powers in different federations,
and no single quantifiable index can portray the
Once established, federal systems are not
extent of both autonomous decision-making and
static structures, but dynamic evolving entities.
co-decision making within federations.
Historical accounts of individual federations
make this clear hence the importance of a Although federations have often been
number of recent comparative general studies of characterized as decentralized political systems,
patterns in the evolution of federal systems such a number of studies have emphasized the
as those by Duchacek (1970, 1987), Elazar distinction between decentralization and
(1987, 1994b), Orban (1992) and Watts (1999). noncentralization. Elazar (1987) was one who
These various analyses have contributed to our stressed this distinction, noting that what
understanding of how the interactions of social, distinguishes federations from decentralized
political, economic and ethnic factors have unitary systems is not the scope of decentralized
shaped institutional structures and political responsibilities, but the constitutional guarantee
processes, producing trends toward of autonomy for the constituent governments in
centralization in some federations and the responsibilities they perform. Where
decentralization in others. ‘decentralization’ implies a hierarchy of power
flowing from the top or centre,
The Role of Constitutions in Federations ‘noncentralization’ suggests a constitutionally
While the comparative study of federal structured dispersion of power, better
systems and federations is no longer confined to representing the essential character of
a legalistic and institutional focus, nevertheless, federations.
federations are a form of constitutional political A related concept that has recently received
system, and therefore, an analysis of the role that considerable attention, especially in Europe, is
constitutions play in their establishment and the principle of ‘subsidiarity’, the notion that
operation is one particularly important aspect. responsibilities should be assigned to the lowest
Here Elazar’s focus on the covenantal character level of government that can adequately perform
of federations (Kincaid and Elazar, 1985) has them (Burgess, 2006: 147-7). Although
had an important influence. More recently the philosophically appealing, this principle has in
first volume of the Forum of Federations/IACFS practice proved difficult to operationalize legally
Global Dialogue series (Kincaid and Tarr 2005), because of the critical question of who
is devoted to an in-depth analysis of the ultimately determines the application of the
constitutional origins, structure and change in a principle.
range of federations, and provides an up-to-date
overview of the importance and role of Institutional Patterns: The Character of the
constitutions in federations. Institutions of Shared Rule
A crucial variable affecting the operation
Institutional Patterns: Centralization,
and internal political dynamics of federations
Decentralization and Noncentralization
has been the executive-legislative relationship
Historically, the distribution of legislative within the shared institutions. The different
and executive powers and the impact of this forms of this relationship are exemplified by the
upon policy-making within federations has been separation of powers in the presidential
a major area of comparative studies in a tradition congressional structures of the United States and
that goes back to Wheare (1945) and comes the Latin American federations, the fixed-term
down to the present with the publication in 2005 collegial executive in Switzerland, and the
of the second volume in the Global Dialogue executive-legislative fusion with responsible
series of the Forum of Federations/IACFS parliamentary cabinets in Canada, Australia,
(Majeed, Watts and Brown, 2005). What is clear Germany (with some modifications), Belgium,

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Ronald L. Watts, Historical Development of Comparative Federal Studies

India and Malaysia. These and their electoral The Distribution of Financial Resources
systems have shaped not only the character of
The allocation of financial resources to each
politics and administration within the shared
order of government within a federation is
representative executive and legislative
important for two reasons. First, financial
institutions, but also the nature of
resources enable or constrain governments in the
intergovernmental relations and the generation
exercise of their constitutionally assigned
of cohesion or conflict within federations.
legislative and executive responsibilities.
Among studies that have examined the
Second, taxing powers and expenditures are
significance of these institutional patterns have
themselves important instruments for affecting
been Olson and Franks (1993), Saunders (1995),
and regulating the economy. In practice it has
Verney (1995), Watts (1999: 83-97) and Hueglin
proved impossible to design a federal
and Fenna (2006: 179-214). The third volume of
constitution so that the allocation of autonomous
the Forum of Federations/IACFS Global
revenue sources to each government will match
Dialogue series edited by Katy Leroy and Cheryl
precisely its expenditure responsibilities. Even if
Saunders and deals in depth with the legislative,
such a match can be roughly achieved initially
executive and judicial institutions within
the relative value of different taxes and the costs
different federations.
of fields of expenditure inevitably shift over
One feature of most federations has been the time, creating imbalances. This has meant that
clash between pressures for regional equality federations have had to resort to a variety of
and for citizen equality in the arrangements for financial transfers to correct both vertical fiscal
representation in the shared institutions. As King imbalances between orders of government and
(1993) has noted, most federations have sought horizontal financial imbalances arising from
to balance these two types of equality in differences in the revenue capacities and
representation through a bicameral federal expenditure needs of different constituent units.
legislature. In the works noted above in this
Consequently, there has developed a vast
section a number of scholars have focused
specialized comparative literature on the
specifically on the variety of these bicameral
experience of different federations with revenue
arrangements in different federations: Duchacek
sharing, conditional and unconditional grants,
(1970, 1987), Watts (1970a), Tsebelis (1995,
equalization arrangements, and the
2002), Brzinski et al. (1999), Lijphart (1999),
intergovernmental institutions and processes for
Patterson and Mughan (1999), Stepan (1999,
adjusting fiscal arrangements. More recent
2004abc) and Swenden (2004).
comparative studies contributing to an
understanding of these issues have included Bird
The Importance of Economic Factors
(1986), Bell and Linn (1994), Rao (1995),
The benefits of economic union have been a Boothe (1996), Watts (1999b), Bird and Stauffer
traditional motive for the establishment of a (2001), Blindenbacher and Koller (2003: 349-
federal political system and among the 516), Jeffery and Heald (2003), Boadway and
particularly relevant studies have been Robinson Watts (2004) and Watts (2005). It should be
(1960) and Saunders and Mullin (1994). More noted also that the forthcoming fourth volume in
recently the emergence of a global economy has the Forum of Federations/IACFS Global
had a major impact on the relative roles and Dialogue series, edited by Anwar Shah and due
activities of federal and constituent unit in 2007 will focus upon a comparative review of
governments. This has led to a consideration of fiscal federalism.
this impact upon the character of federal systems
in such works as Knop et al. (1995), Intergovernmental Relations
Boeckelman and Kincaid (1996), Lazar, Telford
Beginning with the work of Jane Perry Clark
and Watts (2003) and Burgess (2006: 251-268).
(1938) in the United States and Birch’s (1995)
post-war extension of cooperative federalism to
comparative studies, it has become generally

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Ronald L. Watts, Historical Development of Comparative Federal Studies

recognized that the inevitability of overlap and the operation of federations is more complex
interdependence in the exercise by governments than Riker had originally suggested and that
of their constitutional powers has generally political parties have reinforced both
required extensive intergovernmental intergovernmental cooperation and competition.
consultation, cooperation and coordination. This
has led to a recognition of the importance of The Role of the Courts
studying intergovernmental relations as a key Most federations, along with the European
element in the operation of federal systems and Union, have relied on the courts to play the
federations. Indeed, virtually every issue of primary adjudicating role in interpreting
Publius: The Journal of Federalism has constitutional law and adapting it to changing
contained articles focusing on some particular circumstances. The exception has been
aspect of intergovernmental relations and its Switzerland, where the legislative referendum
impact on policy outcomes. In the United States, has played the major adjudicating role in
Deil Wright (1982) produced the classic work on defining the limits of federal jurisdiction.
this subject, but there have been a number of Elsewhere, most analyses of the operation of
comparative studies in this field also. Scharpf’s individual federations have included extensive
(1988) analysis of co-decision making in examination both by the constitutional lawyers
Germany has attracted widespread attention by and political scientists of the role and impact of
identifying “the joint-decision trap” reducing the courts. Comparative studies of this aspect are
opportunities for flexibility and initiative. limited in number, however, although note
Among other comparative analyses are Warhurst should be taken of Wagner (1959), Coper (1989)
(1987), Watts (1989), Cameron and Simeon and Bzdera (1993). The latter attempted to
(2000), and Trench (2006). Particularly prolific document the tendency of federal courts of
in the area of intergovernmental relations has appeal appointed by federal governments to
been R. Agranoff (1996, 2000, 2004, 2007). It augment through judicial review the powers,
should be noted that although many earlier values and institutions of the federal government
studies of intergovernmental relations within at the expense of the constitutional units. From
federations concentrated upon “cooperative Wheare (1945) on, general comparative studies
federalism” some more recent ones such as of federations have normally included
Cameron and Simeon (2000) and Trench (2006) comparative sections on the impact of judicial
have emphasized the importance of “competitive review, recent examples being Watts (1999:
federalism” within federations and the degree to 100-108), Hueglin and Fenna (2006: 275-314)
which intergovernmental “collusion” may and Burgess (2006: 156-160).
undercut democratic accountability.
Closely related to the study of Federations and the Welfare State
intergovernmental relations have been a number Beginning with Birch’s (1955) study of
of studies analyzing the role and impact of federalism, finance and social legislation, there
political parties, including their number, their has been continued discussion of the extent to
character and the relations among federal, state which federal institutions facilitate or hinder the
and local branches, as important elements in objectives of a welfare state. The issue has
understanding the political dynamics within remained current to the present day and Obinger,
federations. Riker (1967, 1975) was a pioneer in Liebfried and Castles (2005) and Greer (2006)
this area. More recent studies examining the each contain collections of chapters examining
impact of political parties on the operation of this issue. What emerges from these studies is
federations have been Gunlicks (1989), that a decentralized polity does not necessarily
comparing parties in Germany, Switzerland and imply a weaker welfare state, and that
Austria, Sharman (1994), comparing Australian federations have in practice proved remarkably
and Canadian parties, and Hrbek (2004), an flexible structures of governance in achieving
international comparison. These studies have welfare policies.
tended to indicate that the impact of parties on

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Ronald L. Watts, Historical Development of Comparative Federal Studies

Federations, Liberties, Rights and the Symmetry and Asymmetry with Federal Political
Consolidation of Democracy Systems
A traditional argument in support of federal As previously noted, the issue of asymmetry
political systems is that the constitutional among the constituent units within a federal
dispersion of powers inherent in this form of system has attracted considerable attention from
political organization protects and enhances the scholars in recent years. Fuelling this interest has
liberties and rights of its citizens and particularly been the debate within the European Union
its minorities (see Agranoff, Draft Introduction about the concepts of “variable geometry”
to this volume: 18-20; Elazar 1987: 91; King, proceeding at “varying speeds,” the debate in
1982: 58-9). In comparative terms, it is notable Canada about Quebec as a “distinct society”
that most federations have included in their differing from other provinces, and the
constitutions a set of constitutional fundamental asymmetrical constitutional arrangements or
rights and some have incorporated additional practices within the Spanish, Belgian, Indian,
provisions particularly to safeguard minorities Malaysian and Russian federations. In the
within minorities (Watts, 1999: 104-7). analysis of asymmetry within federal political
systems, two types of constitutional asymmetry
A closely related issue is that of the degree
need to be distinguished. One is asymmetry
to which federal political systems enhance or
among the full-fledged constituent units within a
curtail democracy. The checks upon the powers
federation. The cases cited above all provide
of the federal government which have been
examples and among the analyses of these are
inherent in most federations and particularly the
Milne (1993 in Burgess and Gagnon), Maclay
usual existence of a bicameral federal legislature
(1992), de Villiers (1994), Watts (1999: 63-68),
have often been interpreted as constraints upon
Agranoff (1999) and Burgess (2006: 209-225).
the demos conceived as the simple majority of
These studies suggest that asymmetry among
the federation’s total citizenry. Indeed, Stepan
constituent units within a federal system does
(2004 a, b, c) has applied the concepts of
introduce complexity and often severe problems,
“demos-constraining” and “demos-enhancing”
but that for some federations it has proved
to an analysis of the variety of representative
necessary in order to accommodate severely
institutions in a range of unitary and federal
varied regional pressures for autonomy.
systems. What emerges from such studies is that
the issue of the relation between federalism and A second form of constitutional asymmetry
democracy is much more complex than would is the relationship between a small or peripheral
appear to be the case at first sight. Indeed, as state (often an island or group of islands) and a
Agranoff notes in his introduction to this volume larger state (often a former colonial power), in
(p. 24), (1) federal political systems entail a which the smaller unit shares in the benefits of
democratic basis since the notion of self-rule is association with the larger polity but retains
incompatible with authoritarian government, (2) complete internal autonomy and self-
federal systems enhance democracy by government. Elazar (1987) identified a variety of
extending self-rule to multiple levels of such forms of asymmetry which he labelled
government (see also Pennock, 1959), and (3) ‘associate states’, ‘federacies’ and
federal systems through institutions for shared ‘condominiums’, all as distinct types within the
rule facilitate the bringing together of disparate broad genus of federal political systems. To
social, economic, ethnic and religious interests. date, no in-depth comparative analysis of this
These issues are very much a focus of type of asymmetry has yet been undertaken,
contemporary discussion as illustrated for however.
instance by Ghai (2000), Gagnon and Tully
(2001), Gibson (2004) and a conference held at The Pathology of Federal Systems
Kent University Britain in 2006 on the subject of Early comparative studies of federal political
“Federalism and Democracy”. systems tended to concentrate upon their
establishment and operation, but there is now a

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Ronald L. Watts, Historical Development of Comparative Federal Studies

considerable body of scholarly literature and compromise. Third, within the broad
examining cases of internal stress and the spectrum of federal political systems and even
conditions and processes leading to breakdowns. within the narrower category of federations,
Among these analyses have been Franck (1966), there has been an enormous variety in the
Watts (1977), Hicks (1978), Dorff (1994), Cox application of the federal idea. Indeed, it would
and Franklund (1995), Young (1995), Dion appear that the extent to which a given federal
(1995), Watts (1999: 109-115) and Burgess system can accommodate political realities
(2006: 269-282). All of these studies point to the depends not merely on the adoption of a federal
danger of a cumulative reinforcement of political structure, but on whether the particular variant of
cleavages resulting in the development of federal system or federation that is adopted or
increasingly polarizing processes that undermine evolved, and the processes it incorporates, give
support for tolerance and compromise. adequate expression to the circumstances and
Furthermore, the particular difficulties of needs of that particular society. As Elazar (1993)
bicommunal societies and polities have proved has noted, the application of federalism involves
noteworthy (Duchacek, 1988). a pragmatic prudential approach, and its
applicability in different and changing
The Comparison of Federal and Non-federal circumstance may well depend on further
Political Systems innovations in the institutional features adopted.
The tradition of contrasting federal and non- The challenge for scholars is to contribute
federal political systems has a long tradition through further critical, objective and
going back to the nineteenth century. Among comparative analyses to a better understanding
noteworthy theoretical arguments emphasizing of what is required in the establishment of new
the inherently beneficial features of federal federations or in making existing ones more
political systems have been those of Pennock effective.
(1959) and Landau (1973). More recently, there
have been a number of studies attempting to
show on the basis of comparative empirical
analyses that federal systems on balance
facilitate political integration, democratic
development and economic effectiveness better
than non-federal systems. Here the work of
Lijphart (1984, 1999), the edited volume by
Wachendorfer-Schmidt (2000) and the current
research of Kincaid are noteworthy in this
respect.

Conclusion
The extensive literature that has been built
up over time through comparative federal studies
points to three broad conclusions. First, federal
political systems combining shared rule and
regional self-rule do appear to provide a
practical way of combining the benefits of unity
and diversity through representative institutions,
but they are not a panacea for humanity’s
political ills. Second, the effectiveness of a
federal political system depends in large
measure on the degree of public acceptance of
the need to respect constitutional norms and
structures, and on a prevailing spirit of tolerance

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Ronald L. Watts, Historical Development of Comparative Federal Studies

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