Towards a normative theory of federalism

Present political circumstances make it absolutely essential to seek an appropriate normative framework for reflection on the future of federal institutions the world over. This essay outlines the main normative parameters that any normative theory of federalism would have to take into account. Federal institutions are justified primarily by considerations relating to liberty, the promotion of active citizenship, and democracy. In multination states, federal arrangements will also be necessitated by considerations of equity and the right to self-determination. Federal constitutions nevertheless tend to make it difficult to achieve efficiency, solidarity, and a shared political identity. States opting for a federal constitution may, however, counter these difficulties by establishing institutional mechanisms making for social trust among the differ ent forces in society. A particularly appropriate example for multination federal states is given of such a mechanism: a constitutionally entrenched right to secede under specific conditions and in accordance with a strictly defined process.