
Contents
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I. Cities in Federal Constitutional Theory: A Glaring Omission I. Cities in Federal Constitutional Theory: A Glaring Omission
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II. The City in Federal Constitutions: Northern Stagnation, Southern Innovation II. The City in Federal Constitutions: Northern Stagnation, Southern Innovation
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III. Federalism and the Urban/Rural Divide III. Federalism and the Urban/Rural Divide
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IV. Conclusion IV. Conclusion
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4 Cities in Federal Systems: Comparative Perspectives
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Published:August 2022
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Abstract
This chapter considers two questions concerning the constitutional status of cities in federal systems. First, what is the significance of the federal/unitary distinction in determining the constitutional status of cities? It is suggested, in a nutshell, that the evidence is mixed and inconclusive, and that ultimately the Global North/Global South distinction, and in particular the tendency towards stagnation in the former versus a tendency towards innovation in the latter appears more significant than the federal/unitary dimension in assessing the constitutional status of cities. Second, what do national constitutions say about the urban/rural divide—one of the most significant factors in contemporary politics—and how significant is the federal/unitary dimension in addressing that challenge? Here too, the data suggest that despite the central place of subsidiarity and local autonomy in federalism theory, the constitutions of federal countries are no more likely than the constitutions of unitary states to commit to addressing the urban/rural divide. This in turn raises the possibility that federal constitutional theory’s preoccupation with traditional subnational unit boundaries may in fact lead to conceptual rigidity and institutional path dependence when it comes to addressing new spatial challenges such as urban agglomeration, the rise of megacities, or the increasing salience of the urban/rural divide. It may also suggest that whether federalism is favourable or unfavourable to cities is merely an auxiliary question to other more pertinent factors such as the North/South distinction, constitutional ‘newness’ or malleability, and concerted political will to constitutionally strengthen cities.
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