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  • Deliberative Federalism

    Author(s)
    Hollander, Robyn
    Patapan, Haig
    Griffith University Author(s)
    Hollander, Robyn A.
    Patapan, Haig
    Year published
    2018
    Metadata
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    Abstract
    The relationship between federalism, democracy and human rights has long been the subject of intense debate.1 Much of the focus of this debate has been on the United States, in part because of the international influence of its Constitution.2 In the United States, federalism has historically enjoyed a poor reputation in relation to democracy and human rights. This can be attributed to its association with slavery and the subsequent maintenance of racism through Jim Crow and related practices, a situation perpetuated and justified by a commitment to 'states' rights'.3 As Kreimer notes, 'during the late 1960s and 1970s, [these ...
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    The relationship between federalism, democracy and human rights has long been the subject of intense debate.1 Much of the focus of this debate has been on the United States, in part because of the international influence of its Constitution.2 In the United States, federalism has historically enjoyed a poor reputation in relation to democracy and human rights. This can be attributed to its association with slavery and the subsequent maintenance of racism through Jim Crow and related practices, a situation perpetuated and justified by a commitment to 'states' rights'.3 As Kreimer notes, 'during the late 1960s and 1970s, [these were] regularly invoked as a bulwark against federal efforts to prevent racial oppression, political persecution, and police misconduct' .4 The logic of experience seemed irrefutable: give local polities autonomy and face the risk that they use it to oppress minorities in their midst. In McDowell's telling assessment, 'the politics of race has dimmed [any] vision of the virtues of federalism to such a degree that they are barely visible'.5
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    Book Title
    The Cambridge Handbook of Deliberative Constitutionalism
    DOI
    https://doi.org/10.1017/9781108289474.008
    Subject
    Comparative government and politics
    Publication URI
    http://hdl.handle.net/10072/382118
    Collection
    • Book chapters

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