1 / 18

Thomas Fleiner Federalism As an approach to Conflict Resolution

Thomas Fleiner Federalism As an approach to Conflict Resolution. World Peace Academy Basel June 16 2010. The example of the Swiss Diversity With regard to Languages Religion and Municipalities. German. Austria. French. Romonsh. Italien. Protestant (Dark) 40%. Religion.

dorie
Download Presentation

Thomas Fleiner Federalism As an approach to Conflict Resolution

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Thomas Fleiner Federalism As an approach to Conflict Resolution World Peace Academy Basel June 16 2010

  2. The example of the Swiss Diversity With regard to Languages Religion and Municipalities

  3. German Austria French Romonsh Italien

  4. Protestant (Dark) 40% Religion Catholic white 46%

  5. 14 Constitutional to manage Peacefully ethnic conflicts and to hold diversities together

  6. Legitimacy Rule of Law Shared Rule Self-Rule Democracy

  7. Legitimacy 1. Take cultural diversity seriously 2. Fatherland for minorities 3. Composed Nation 4. Multiple loyalty

  8. 1. Take cultural diversity seriously Preamble of the Constitution: Determined to live together with their diversities respecting each other and in equity, 2. Fatherland for minorities Article 37 Nationality and Citizenships Everyone who holds citizenship of a Commune, and of the Canton to which it belongs, has Swiss citizenship. 3. Composed Nation Article 1 The Swiss Confederation The People and the Cantons of Zurich, Berne, Lucerne, …. and Jura form the Swiss Confederation. 4. Multiple loyalty multiple Citizenship

  9. Rule of Law 5. The Right to be different, or: equal rights versus the right to be equal 6. Four Dimension of Freedom: From, By, To, Within, the State 7. Liberty and Peace

  10. 5. The Right to be different, or: equal rights versus the right to be equal Article 4 National Languages The National Languages are German, French, Italian, and Romansh. 6. Four Dimension of Freedom: From, By, To, Within, the State 7. Liberty and Peace Article 18 Freedom of Language The freedom of language is guaranteed. Art. 70 Par.2 In order to preserve harmony between linguistic com- munities, the cantons shall respect the traditional territorial distribution of languages, and shall take indigenous linguistic minorities into account.

  11. Shared Rule 8. Participation of ethnic Groups In Constitution making 9. Power sharing of cultural communities

  12. Article 45 Participation in Federal Decision Making • In the cases specified by the Federal Constitution, • the Cantons shall participate in the decision-making • process at the federal level, in particular in • formulating federal legislation. • (2) The Confederation shall inform the Cantons of its • plans, fully and in good time; it shall consult them if • their interests are likely to be affected. Art. 53 (2) All alterations to the number of the Cantons, or to their status, are subject to the assent of the rele- vant electorate and of the Cantons concerned, and also of a double vote of the People and the Cantons. (3) All changes to the territory of a Canton are subject to the approval of the electorate of the Cantons con- cerned, and to the assent of the Federal Assembly in the form of a federal decree.

  13. Self Rule 10. Autonomy 11. Enhancing diversity to overcome ethnification of politics

  14. 10. Autonomy Article 3 Cantons The Cantons are sovereign insofar as their sove- reignty is not limited by the Federal Constitution; 11. Enhancing diversity to overcome ethnification of politics Article 2 (2) It (Confederation) shall promote…., the internal cohesion and the cultural diversity of the country.

  15. Democracy 12. Self-determination of individuals as aim of democracy 13. Value of compromise as alternative to the winner takes all democracy 14. Conflict management

  16. 12. Self-determination of individuals as aim of democracy Preamble Resolved to renew their alliance so as to strengthen liberty, de- mocracy, independence and peace in a spirit of solidarity and openness towards the world 13. Value of compromise as alternative to the winner takes all democracy Art. 175 The various regions and language communities must be equitably represented in the Federal Council. 14. Conflict management 44: 1 The Confederation and the Cantons shall support each other in the fulfilment of their duties and shall generally cooperate with each other. 2 They owe each other a duty of consideration and support. They shall provide each other with administrative assistance and mutual judicial assistance. 3 Disputes between Cantons or between Cantons and the Confederation shall wherever possible be resolved by negotiation or mediation.

More Related