Federalism, Subnational Constitutions, and Minority Rights

Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems.

This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.

G. ALAN TARR is the Director of the Center for State Constitutional Studies, and Chair, Department of Political Science, Rutgers University, Camden. He currently serves on the Scholars Advisory Board of the National Constitutional Center.

ROBERT F. WILLIAMS is Distinguished Professor of Law, Rutgers University School of Law, Camden.

JOSEF MARKO is Director of the European Academy, Bolzano, Italy, Chief Justice of the Constitutional Court of Bosnia-Herzegovina, and Professor of Law, Graz University, Austria.