Now showing 1 - 2 of 2
  • Publication
    Constitutional courts as arbiters of post-conflict territorial self-government: Bosnia and Macedonia
    (Taylor & Francis, 2018-08-17)
    Constitutional and supreme courts frequently end up examining the political and legal questions at the heart of peace agreements and post-conflict constitutions. Where a peace agreement has included territorial self-government (TSG) provisions courts are often endowed with the capacity to adjudicate disputes between state and sub-state levels of government. The effectiveness of courts in fulfilling this role as not been comprehensively examined. This article fills this important gap examining whether the results of existing research on the role of constitutional and supreme courts in resolving disputes in traditional federalism also apply in these particular circumstances. It finds that where TSG is used as a conflict management mechanism judicial review can have centralizing tendencies if this occurs it can largely be attributed to the processes used to select though the devolutionary multinational nature of the states is also relevant.
    Scopus© Citations 3  425
  • Publication
    Go Big or Go Home: An Appeal to Let Power-Sharing Do More Not Less
    (Taylor & Francis, 2019-02-11)
    Power-Sharing: Empirical and Normative Challenges (2017) provides expert analysis of the challenges facing power-sharing across a diverse range of settings. It represents a good faith attempt by two admitted advocates of the theory to bring together evaluations and analyses which assess its real word impacts and engage with its weaknesses. It highlights the difficulty in making general claims about the consequences of power-sharing political systems underlining the unique conflict and peace-making dynamics at play in different cases at different times. The individual case studies are engaging and the deep knowledge which the respective authors possess in relation to them is impressive and illuminating. However, the real challenge facing such a volume is whether broader conclusions can be drawn from empirical analysis of such a diverse set of cases. McGarry is largely successful in his attempt to do so in the Conclusion, drawing four broad lessons from the preceding chapters which provide fertile ground for the development of power-sharing theory.
      264Scopus© Citations 1