دانلود کتاب قرارداد فدرال – نظریه قانون اساسی فدرالیسم

Federalism is a very familiar form of government. It characterises the first modern constitution— that of the United States— and has been deployed by constitutionmakers to manage large and internally diverse polities at various key stages in the history of the modern state: nineteenth- and twentieth- centuries nationbuilding and decolonisation; post- war reconstruction; post- 1989 constitutional realignment; and, most recently, an ongoing period of fluid and troubling conflicts grounded in the politics of identity. Despite its pervasiveness in practice, this book argues that federalism has been strangely neglected by constitutional theory. It has tended either to be subsumed within one default account of modern constitutionalism, or it has been treated as an exotic outlier— a sui generis model of the state rather than a form of constitutionalism for the state. This neglect is both unsatisfactory in conceptual terms and problematic for constitutional practitioners, obscuring as it does the core meaning, purpose, and applicability of federalism as a discrete model of constitutionalism with which to manage complex states. The federal turn in modern constitutional theory— what I call the federal contract— represents nothing less than an alternative form of social contract: a distinct register of constitutional government, adapting public law to the management of territorial pluralism. Territorial pluralism has always been, and continues to be, a challenging but unavoidable backdrop to the design of many polities, and yet its political significance has largely been ignored in pursuit of a uniform approach to state- making and constitution- building. Federalism offers a radical alternative to unitary constitutionalism; but so unsettling are its potential implications for the monistic elision of people, state, and constitution (a relationship that has characterised modern constitutionalism), that its true meaning as a categorically distinct type of democratic government has been blurred.