Search

Today more than ever, the Herculean task of designing a democratic state capable of dealing with the complex contemporary social fabric and the subjectivities that comprise it is presented. The purpose of this paper is to analyze the federal republican representative form of government from a dynamic perspective. In this way, the value of the federal system as a regulatory model will be postulated as a basal intuition insofar as it allows the strengthening of a radical democratic republican ideal through the adequate correlation of the internal sociodemographic forces of the modern national state. Thus, it is intended to make a contribution in the deliberation for the best constitutional design to respond to the demands that the new social phenomena present and thus strengthen the republican democratic system of government. [ABSTRACT FROM AUTHOR]

The citizens settled in the National Territories could not participate in national elections for almost the whole history of these spaces. A conventional approach has taken this situation as the sign of a deprivation of political citizenship that would reflect the restrictive nature of the political order imposed on the Territories. Nothing would have changed with the passing of the Sáenz Peña Law, which would have kept the settlers of the Territories excluded from citizenship. However, Sáenz Peña's electoral reform did include the Territories and their inhabitants. Even if they remained without the possibility of voting in federal elections, it was not due to any attribution of political incapacity but to the legal status of such spaces. By studying published and unpublished documents, this paper not only questions that traditional interpretation but also aims to depict the way the principle of popular sovereignty was mediated by the federal frame of the representative regime. [ABSTRACT FROM AUTHOR]

This paper´s aim is to analyze the recent reform of the process of selection and appointment of judges of the Supreme Court of Canada. After analyzing the constitutional nature of the institution, it covers aspects such as its composition and eligibility, including the role of the federal Parliament. Following this, the system of selection and appointment is studied with a special focus on how it can channel the participation of Quebec, achieving one of the traditional demands of that province. [ABSTRACT FROM AUTHOR]

This paper deals with the study of the electoral system of the Belgian House of Representatives and its electoral reforms. Belgium was the first European country to adopt an electoral system of proportional representation and, since then, its main elements have exhibited extraordinary stability. However, with the turn of the century, the coalition government headed by the liberal Guy Verhofstadt put the debate on institutional reforms at the center of the political agenda. This led to an electoral reform that involved several novelties: the «provincialization» of the electoral map, the establishment of a 5 percent threshold and the reduction of the list vote weight by half. In 2012, there was the last electoral reform, which consisted of the division of the controversial constituency of Brussels-Halle-Vilvoorde. This last episode shows the complexity of the Belgian federal model, consociational, bipolar and with centrifugal dynamics. [ABSTRACT FROM AUTHOR]

This paper shows part of the results of a research project conducted to identify the tensions and meeting points between state institutions of transparency, fiscalization and the allocation of resources and their instruments (platform for the open government, internet portals, rules of operation, among other) with institutions and community proceedings. The study was carried out in 12 indigenous communities of different peoples and regions in the state of Oaxaca, Mexico. The revision of the mechanisms of citizen participation and the efficiency of state and community mechanisms made it possible to observe until what point some favor or hinder accountability, as well as the need for an intercultural vision that can create dialogue between communities and state institutions. In that context experiences of "community comptroller" were revised with an emphasis placed on the successful mechanisms based on local norms with a high level of legitimacy, but also pointing out their limitations. Among its findings, this research shows that there is a high capacity for institutions of indigenous communities to guarantee accountability, as well as the lack of cultural relevance of the institutions of the Mexican State to recognize these mechanisms and establish coordination plans to contribute to this objective and the problems that are generated due to the gap between these two areas. [ABSTRACT FROM AUTHOR]

The paper analyzes the problem of environmental regulation related to antennas that enable the provision of telecommunications services in Argentina. These services have been institutionalized as an inalienable responsibility of the National State, although the regulation and control of the necessary infrastructure are responsibilities in provincial and local states. This paper has, as its starting point, the recognition of the precautionary principle importance regard to electromagnetic pollution and, essentially, non-ionizing radiations. It explore the environmental implications of Argentine federalism, institutional evolution of telecommunications services; the rules that frame antennas regulations and verdicts because the installation of antennas. [ABSTRACT FROM AUTHOR]

This paper contributes to the lack of analysis on the flypaper effect for the Mexican case, analyzing the larger number of municipalities (2,441) over 20 years (1990-2012). The presence of the flypaper effect is confirmed, but unlike Ibarra and Varella (2008); Cardenas and Sharma (2011) and Sour (2013), this paper finds that the increase in unconditional transfers proportionally increases local public spending. These results verify the prediction of Hines and Thaler (1995): money sticks where it hits. Also, the presence of the asymmetrical effect is confirmed. These results are incorporated into the discussion on fiscal federalism reform in Mexico. [ABSTRACT FROM AUTHOR]

This paper analyzes the most recent changes in Argentine federalism and the challenges that arise from the migration process from a dual model to a cooperative one. Specifically, it reflects on the political and institutional challenges for the formulation and implementation of public policies and the transformations in terms of articulation of these policies in heterogeneous contexts: large differences between different levels of regional development, and also in terms of political-ideological conception and policy orientation of the highest authorities of the executive in each of the levels of government. In order to analyze these challenges we work over the federal councils, considering them as an instrument that promotes public policy coordination between the national government and the provincial states. In this sense, we explore the transformations of the federal management of educational policy since it provides evidence to identify significant milestones in the process of transformation of the management arrangements of Argentine federalism and, on recent experience, how the consolidation of the Federal Education Council (FEC) contributes to improve the conditions of the joint cooperative model. The paper seeks to contribute to the debate on federalism and intergovernmental relations. [ABSTRACT FROM AUTHOR]

This paper focuses on the newspaper El Salvadoreño and its role in political discourse during the tumultuous years of the civil war in Central America between 1826 and 1829. Particular emphasis is given to the editorial board's use of concepts such as revolution, aristocracy, people, citizen, and patriotism, and to its goal of influencing public opinion regarding Salvadoran interests in the conflict. This review of El Salvadoreño also provides information regarding the aspirations and interests of Salvadorans during those years, while increasing our understanding of Central America and its people. [ABSTRACT FROM AUTHOR]

In recent years the debate on territorial organization of political power in Spain has become particularly intense. The failure of the political process of reform of the Statute of Autonomy of Catalonia and the current debate over the right to decide, or the problems associated with the Basque context, raise many questions about the future. This paper attempts to relate some concepts of contemporary political theory with that scenario, focusing on issues such as constitutional recognition of the right of secession or proposals for multinational federalism. To do this, we review different theoretical approaches to the phenomenon of multinationality and present some considerations on the possible reform and/or reinterpretation of Spanish law. [ABSTRACT FROM AUTHOR]

This paper analyzes the various actions taken by the authorities of the state of Zacatecas (Mexico) during the First Federal Republic (1824-1835), in order to find solutions to problems related to the exercise of patronage and related topics. It shows that these proposals were useful to defend and drive federalism, and to advance a project to create a secular and liberal State and society. The paper concludes that the attempt to apply this was ambiguous, as it became part of the "pitfalls" that prevented the first federalism from consolidating by contributing to the division of local and national political groups. [ABSTRACT FROM AUTHOR]

In this case law comment is presented a critical assessment regarding the Argentine Supreme Court of Justice decision settled, on 5th May 2015, in a case in which two courts claimed jurisdiction over the investigations of criminal responsibility for the spillage of cyanide fluid from the Veladero Mine, located in the province of San Juan, which took place in September 2015. This case sets out the discussion of jurisdiction regarding environmental impact matters and the scope of federal jurisdiction over local jurisdiction in the events provided by law. The analysis of this decision uncovers the tension between constitutional rights: federalism as a means of state organization and the preservation of environment for present and future generations. In the light of these facts, this paper is concluded by offering the reader an analysis from an "environmental federalism" of the ruling adopted by the highest Argentine court over a significant event of pollution involving highly toxic substances in a river basin located at Andes Mountain Range. [ABSTRACT FROM AUTHOR]

This paper tries to analyze three models of European citizenship, by paying particular attention to the legitimacy crisis of the European Union's (EU) governance we are facing today. First of all, I will show the features of the crisis of the model of EU's governance, by clarifying how this crisis sheds light on 1) the veto powers of some of the member states, 2) the lack of accountability of the Union's decisions towards the public opinions, 3) the constant reduction of the mutual trust among both the political institutions and the public opinions. Secondly, I will show how the three models (the national-liberal model, the model of market citizenship, and the federalist model) offer different conceptions of the ideal of European citizenship, an ideal that is necessary when we discuss the normative solutions to the ongoing legitimacy crisis. I will end the paper by proposing a change in policy education: to supplement the programs of secondary schools with basic notions of public finance. Thus, it is possible to give to the future European citizens some of the necessary tools to evaluate the decisions whose costs they must bear. [ABSTRACT FROM AUTHOR]

This paper's aim is to analyze the role of the Senate in the Canadian federation, paying attention to the disfunctions of the institution and the difficulty of achieving a constitutional reform that is able to resolve these problems. The positions of all the main actors are examined, with special attention to the basis for reform recently laid out by the Supreme Court. Following this, the possibility of achieving a satisfactory reform is studied, including the position of those urging for the abolition of the Upper House. [ABSTRACT FROM AUTHOR]

The aim of this paper is to analyze the phenomenon of secession in the context of the European Union. For this, we use the concept of multilevel constitutionalism and study the effects of national self-determination from the perspective of the clause of Art. 50 TEU and the political projects currently driving the independence of regions of Member States. Since international law is often said that secession is an internal matter for the Member States. However, in our opinion the political and legal system of the Union can be characterized also federally, which prevents the national and regional authorities to carry out unilateral acts that go against the principle of Community federal loyalty and European citizenship. [ABSTRACT FROM AUTHOR]

This paper examines two theoretical approaches on the autonomy: the liberal multiculturalism and the Latin-American interculturalism. The main argument is that the intercultural approach is more suitable to base the autonomy that the multiculturalism because it has a major methodological scope and his normative horizons are more wide. First, the interculturalism's critiques to Kymlicka's liberal multiculturalism are examined. Afterwards, his conceptions of the autonomy are studied. [ABSTRACT FROM AUTHOR]

This paper gives account of the main republican and federal theoretical principles developed by Jefferson from his seminal Notes on the State of Virginia, to some extent shared by Madison. «Great principle» that fuels a new collective action logic, giving birth to the «Republican Party», and later the «Democratic-Republican Party ». This question of principles -true «war of principles» (Hamilton)- about what sort of Nation and State the United States of America was to be, appears notoriously at the origin of the first party system and electoral competition in USA. The disagreement between the «republicans» (Jefferson, Madison) and «federalists» (Hamilton) was very deep and insurmountable, beginning by the idea of Nature as rural rather than urban landscape of the American society, the plural Idea of the American nation, the kind of American Republic defended («ward» based and democratic participative in Jefferson views), and the institutional design of federalism (dualist and defender of the States rights in Jefferson and Madison). The critic of Hamilton not only as «centralist» but as «monarchist» evidenced the substantive ideological and political differences among this three Founding Fathers. [ABSTRACT FROM AUTHOR]

This paper analyzes the effect that political and institutional factors at the level of debt that municipalities hire annually. the analysis includes the hundred municipalities that are part of the states of Baja California, Baja California sur, Sonora and Sinaloa during the period 1989 to 2007. The empirical results obtained by testing panel data techniques on fixed and random effects. The evidence reveals that the democratization process in the states and municipalities, identified primarily through the phenomenon of divided government has a significant impact in reducing the level of municipal debt. also, the design of federalism produces effects contrary to financial balance. finally, formal institutions of control have not been efficient enough to give a proper direction to the financial requirements of municipalities. [ABSTRACT FROM AUTHOR]

This paper analyses the Canadian federal system. First, it focuses on the reasons for the choice of a federal system when the Canadian federation was created in 1867, on the main features of that system: the asymmetrical nature and the strongly centralized division of powers, and on its evolution. Second, it analyses the federal financial relations, the intergovernmetal relations and various issues relating to the structure and functioning of national institutions. Finally, it pays special attention to the changing and problematic relationship between Quebec and English Canada. [ABSTRACT FROM AUTHOR]

This article compiles and analyses the main proposals presented in the State Reform project by the Institutional Revolutionary Party (pri), the National Action Party (PAN) and the Party of the Democratic Revolution (prd) regarding the themes of Government and State Regime, Democracy and Electoral System and Federalism. The paper discusses agreements and disagreements of proposals, its pertinence and viability, as well as the context and importance of such reform for the future of governing, democracy and federalism in Mexico. [ABSTRACT FROM AUTHOR]

This paper deals with some beliefs and attitudes produced by the victorious groups of the coup d'état that took place in October 1820. We attempt to show that after these violent political episodes, centralist sectors displayed a conciliatory rhetoric that can be traced in periodicals and in the messages announced by men with political and military power in the province. Such a rhetoric was accompanied by measures taken by the provincial executive power and they were intended to integrate some federal sectors recently defeated. This statement allows to question the idea that October winners started an intense revenge over defeated groups, which could be noticed in the new military reforms where no former revolutionary would be included. [ABSTRACT FROM AUTHOR]

This paper has the objective of carrying out a critical analysis of the theories that justified the decentralizing process in the Republic of Argentina, trying to determine, from the perspective of their failure, their most fundamental weaknesses. With this objective in mind, I start with a succinct description of the decentralizing process in Argentina and the advantages that, according to its supporters, these actions would bring about. Afterwards, I criticize these concepts, detailing, according to the authors, the reasons why the expected results could not be achieved. [ABSTRACT FROM AUTHOR]

The following paper has the main purpose of describing the deep process of transformations happened in the last decade in Argentina with the application of neoliberal politics; and in which way this changes affected the social cohabitation. Issues like extreme poverty, outstanding groups and the failures experiences of territorial harmonious development seems to be the principal barriers to the economic grow up for a country who is actually living advantageous economics and financial circumstances. The 1994 Constitutional Reform allowed the beginning of this changes, and in consequence of this situation, is necessary to sit up in the social and academic agenda issues like "citizen income" or "positive actions" for a modern redesign of the Welfare State institutions, and to give birth to a more equitable an solidary country. [ABSTRACT FROM AUTHOR]

This article synthesizes the trajectory of secondary education in Mexico during the first half of the 19th century, from the perspective of the government policies of the times. A broad explanation is given of the transformations and customs of secondary education as part of the process of conformation of the Mexican educational system. The paper is based on a review of the historically determined concept of secondary education, and studies the stages of the institutionalization of secondary school in the public sector. Consideration is given to colonial precedents, illustrated reforms, the changes generated by the Independence, and modifications promoted by central and federalist systems of government. [ABSTRACT FROM AUTHOR]

The paper deals with four of the Mexican government' educational policies derived from the National Accord to Modernize Basic and Normal Education (Acuerdo National para la Modernización de la Educación Básica y Normal-ANMEB-) signed in may, 1992. These are: the decentralization of basic education; curricular renovation and the production of textbooks and educational material; reforms to teachers' working conditions; and society's participation in education. The study was done by means of documentary research and interviews with the Department of Education's head officials. Among the main findings are: the continuity of consensus between the federal and the states governments; the promotion of the states' initiatives in substantive subjects by the Department of Education and the acknowledgement of limitations encountered in basic education caused by the predominance of the central federal power; the qualitative innovations in textbooks and educational material; the postponement of pre-school and secondary education reforms; the great unbalance of teachers' initial education; the high degree of endogamy and political fiefs within the teachers' community; the wide variety of projects at different levels and institutions to promote parents' participation in schools and to make principals and teachers sensitive to such participation. [ABSTRACT FROM AUTHOR]

In this paper, I analyse the different perspectives that are enunciated by three federal lines about political parties, during Juan Manuel de Rosas' first government. Political, economical and institutional reasons underlie the speech of those federalist groups. Such disparity of interests and arguments assume special importance to understand the causes of the existence of such divisions inside the federal party. [ABSTRACT FROM AUTHOR]