Constitutional Asymmetry in Multinational Federalism

1. Front Matter

   Pages i-xxiv

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2. Linking Constitutional Asymmetry with Multinationalism. An Attempt to Crack the Code in Five Hypotheses

   • Patricia Popelier, Maja Sahadžić

   Pages 1-16

3. Asymmetry and Complexity as a Device for Multinational Conflict Management. A Country Study of Constitutional Asymmetry in Belgium

   • Patricia Popelier

   Pages 17-45

4. Mild Asymmetry and Ethnoterritorial Overlap in Charge of the Consequences of Multinationalism. A Country Study of Constitutional Asymmetry in Bosnia and Herzegovina

   • Maja Sahadžić

   Pages 47-75

5. Constitutional and Non-constitutional Asymmetries in the Canada Federation: An Exploration into the Policy Fields of Immigration and Manpower Training. A Country Study on Constitutional Asymmetry in Canada

   • Alain-G. Gagnon, Jean-Denis Garon

   Pages 77-104

6. Constitutional Asymmetry in the People’s Republic of China: Struggles for Autonomy Under a Communist Party-State. A Country Study of Constitutional Asymmetry in China

   • Jason Buhi

   Pages 105-135

7. Federation Among Unequals. A Country Study of Constitutional Asymmetry in Ethiopia

   • Yonatan T. Fessha, Biniyam N. Bezabih

   Pages 137-162

8. Asymmetry as a Way to Move Forward with Multi-tiered Integration? A Study of Constitutional Asymmetry in the European Union

   • Pieter Van Cleynenbreugel

   Pages 163-196

9. Accommodating Diversity, Consolidating Nationhood. A Country Study of Constitutional Asymmetry in India

   • Rajendra Kumar Pandey

   Pages 197-225

10. Provincial Asymmetry in Indonesia: What Is so ‘Special’ About It? A Country Study of Constitutional Asymmetry in Indonesia

    • Simon Butt

    Pages 227-254

11. Federalism and Decentralisation in Iraq. A Country Study of Constitutional Asymmetry in Iraq

    • Bawar Bammarny

    Pages 255-286

12. Irreversibly Different. A Country Study of Constitutional Asymmetry in Italy

    • Francesco Palermo, Alice Valdesalici

    Pages 287-313

13. Constitutional Asymmetry in Malaysia: A Case Study of Sabah and Sarawak. A Country Study of Constitutional Asymmetry in Malaysia

    • Asri Salleh, Arnold Puyok, Tony Paridi Bagang

    Pages 315-340

14. Asymmetry or Equality? Ethnic Nationalities in a Bamar-Dominated State. A Country Study of Constitutional Asymmetry in Myanmar

    • Michael G. Breen

    Pages 341-368

15. Subnational Empowerment for a Cohesive Federation. A Country Study of Constitutional Asymmetry in Pakistan

    • Zubair Shahid, Melanie Gerster

    Pages 369-398

16. Constitutional Asymmetry in Russia: Issues and Developments. A Country Study of Constitutional Asymmetry in the Russian Federation

    • Elena A. Kremyanskaya

    Pages 399-427

17. Asymmetry as a Device for Equal Recognition and Reasonable Accommodation of Majority and Minority Nations. A Country Study on Constitutional Asymmetry in Spain

    • Pau Bossacoma Busquets, Marc Sanjaume-Calvet

    Pages 429-460

18. Work in Progress. A Country Study of Constitutional Asymmetry in the United Kingdom

    • Brice Dickson

    Pages 461-488

19. Conclusion. A Country Studies-Based Deliberation on Constitutional Asymmetry in Multi-tiered Multinational Systems

    • Patricia Popelier, Maja Sahadžić

    Pages 489-504

20. Back Matter

    Pages 505-510

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This edited volume examines the link between constitutional asymmetry and multinationalism in multi-tiered systems through a comprehensive and rigorous comparative analysis, covering countries in Europe, Africa and Asia. Constitutional asymmetry means that the component units of a federation do not have equal relationships with each other and with the federal authority. In traditional federal theories, this is considered an anomaly. The degree of symmetry and asymmetry is seen as an indicator of the degree of harmony or conflict within each system. Therefore symmetrisation processes tend to be encouraged to secure the stability of the political system. However, scholars have linked asymmetry with multinational federalism, presenting federalism and asymmetry as forms of ethnical conflict management. This book offers insights into the different types of constitutional asymmetry, the factors that stimulate symmetrisation and asymmetrisation processes, and the ways in which constitutionalasymmetry is linked with multinationalism.

• federalism
• constitutional Asymmetry
• political asymmetry
• subnational entities
• symmetrisation processes
• multinational conflict management
• Dayton Peace Agreement
• ethnoterritorial overlap
• autonomy
• People’s Republic of China
• federalism in Europe
• European Union
• nationhood
• unitary republic
• decentralization
• nationalism
• constitutionalism
• national identity
• historical entitlement
• political regime

“Asymmetrical constitutional arrangements in federal and regionalized polities have attracted attention, but systematic research is still underdeveloped. This coherent volume significantly advances research in this field. Based on a common conceptual framework, the articles explain the emergence, persistence and effects of constitutional asymmetries in multinational and multi-tiered political systems. Sound case studies on well selected countries and convincing conclusions, which the editors draw from their comparative analysis, provide valuable new knowledge about an important issue of comparative constitutional law and politics.” (Arthur Benz, Institute of Political Science, Technische Universität Darmstadt, Germany)

“Popelier and Sahadžić have assembled an all-star team of established and emerging scholars to reorient the study of federalism. The chapters in this ground-breaking volume show how modern federalism practice has undermined the central presupposition in federalism theory – that sub-units of regional demarcation are formally equal in their powers, privileges, and status in a federal state. What emerges is a challenging and illuminating account of the rebirth of federalism heralding new possibilities for shared governance.” (Richard Albert, William Stamps Farish Professor of Law, The University of Texas at Austin, USA)

“The important issue of constitutional asymmetry in multi-level states has been an acknowledged but much understudied aspect of comparative federal studies. This book draws insights from systems in North America, Europe, Asia and Africa to analyse how multinationalism does or does not affect the emergence of constitutional asymmetry. For legal scholars or political scientists with an interest in the causes and mechanisms that drive constitutional asymmetry across a wide range of multi-level states, this book is indispensable reading.” (Wilfried Swenden, School of Social and Political Science, University of Edinburgh, UK)

• Law Faculty, Government and Law, University of Antwerp, Antwerp, Belgium

  Patricia Popelier

• Research Group Government and Law, Law Faculty, University of Antwerp, Antwerp, Belgium

  Maja Sahadžić

Patricia Popelier is Full Professor at the Faculty of Law, University of Antwerp, Belgium. Her research focuses on federalism and multilevel governance, constitutional review, legislative studies, and issues of legitimacy and legal certainty. She is co-Promoter of the Jean Monnet Centre of Excellence ACTORE, Vice President of the International Association of Legislation, President of the Flemish Interuniversity Centre of Legislation, and Convenor of the standing research group on subnational constitutions in federal and quasi-federal systems of the International Association of Constitutional Law.

Maja Sahadžić is a researcher, lecturer, and expert legal advisor. She currently works as Researcher at the Government and Law Research Group at the Faculty of Law, University of Antwerp, Belgium. Her research focuses on constitutional asymmetry, multinationalism, and multi-tiered systems. She previously held academic positions at universities in Bosnia and Herzegovina, Croatia and the USA, and also worked as a lawyer and journalist. She has published widely in the field of asymmetrical federalism, multinational societies, extreme constitutionalism, diplomacy, and security. In 2018 she received the Ronald Watts Award for the best article in federalism.

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