In this paper I develop an analytical framework that draws on recent innovations in the theory of representation – Michael Saward’s notion of representative claims-making – and adapt that to the question of federalisation, with particular emphasis on Canada and the EU. The representative claims framework will help to establish: (a) who can credibly assert to be a participant to the federal negotiations; (b) what form of consent does the arrangement rest on; and (c) how much weight is to be attributed to the initial arrangement – as opposed to the subsequent operation of the system?
