Edited by Anthony F. Lang and Antje Wiener
Chapter 25: Federalism: from constitutionalism to constitutionalization?
In the search for a global constitutional order federalism has been neglected because it is commonly associated with the American model of a centralized federal state. However, such a search can be aided by a confederally extended understanding of procedural or treaty federalism as practised in Canada and the European Union. Treaty federalism in this sense complements constitutionally guaranteed membership equality and the division of powers in federal systems with a process of intergovernmentally negotiated compromise and agreement aiming at the preservation of spatial identity and a commitment to social solidarity.
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