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An Apology of Methodological Federalism

Citizenship
Civil Society
Constitutions
Federalism
Governance
Nationalism
Courts
Identity
Jean Leclair
Université de Montréal
Jean Leclair
Université de Montréal

Abstract

The great majority of federalist theories are still based, explicitly or not, on a monist understanding of the identity of the federated entities’ members. Such an understanding does not do justice to the abundant complexity of our respective identities, thus impoverishing the heuristic and normative potential of the federal principal. Abandoning this perspective would make it possible to view federalism as a conceptual lens enabling us to acknowledge the complexity of our plural identities, while allowing us to recognize the right of certain “constituent actors“ to enjoy a constitutionally guaranteed political autonomy. An understanding of federalism emphasizing the nature of relationships between persons and groups rather than their respective essences might allow for a more fruitful basis for a reconfiguration of the political relationships between Aboriginals and Non-Aboriginals, and, why not between Aboriginals themselves.