公 法 评 论 你们必晓得真理,真理必叫你们得以自由。 |
From Statism to Federalism: A Paradigm Shift
Daniel J. Elazar
转自宪政文本
The world is in the midst of a paradigm shift from a world of states,
modeled after the ideal of the unitary nation-state developed at the beginning
of the modern epoch in the seventeenth century, to a world of diminished state
sovereignty and increased interstate linkages of a constitutionalized and
federal character. (I use the term "federal" here in its largest
sense, not simply to describe modern federation like the United States, Canada,
or Switzerland but all the various federal arrangements in use in the world
today including federations, confederations and other confederal arrangements,
associated states, special interstate joint authorities with constitutional
standing, and others.) This paradigm shift actually began after World War II. It
may yet turn out that the United Nations, founded in San Francisco in May 1945
as no more than an international league of politically sovereign states with
the elevated goal of maintaining world peace, marked the first step toward it.
Developments in Western Europe led to the radical diminution of the
political sovereignty of the member states of the European Community, now
Union. Similar developments began in other parts of the world, particularly
Southeast Asia (the Association of Southeast Asian Nations -- ASEAN) and the
Caribbean. But it was not until the collapse of the Soviet empire and then the
Soviet Union itself, between 1989 and 1993, to be replaced by the Commonwealth
of Independent States, that the extensive and decisive character of this
paradigm shift really became evident. Many people still are wedded to the
earlier paradigm that the building blocks of world organization are politically
sovereign states, most or all of which strive to be nation-states and maximize
their independence of action and decision. A few have been aware of this
paradigm shift as it has been taking place. Some even have advocated it as a
major political goal. Yet for most it has seemed to have crept up unawares.
Ambassador Max Kampelman, who has taken account of the shift, describes
it as follows:
The interdependence of the world and the globalization of its economy
does not imply or suggest the disappearance of the nation-state, which is
showing resilience as an important focus of national pride and ethnic
preservation. ...Abba Eban, a recent analysis of the prospects for
confederation between Israel, the West Bank, and Jordan, commented on the
apparent contradiction of a politically fragmented world existing alongside an
economically integrated one. He suggests that regional confederations may
harmonize the contradiction....
We are brought up to believe that necessity is the mother of invention.
I suggest the corollary is also true: invention is the mother of necessity. Science,
technology and communication are necessitating basic changes in our lives. Information
has become more accessible to all parts of our globe putting totalitarian
governments at a serious disadvantage. The world is very much smaller. There is
no escaping the fact that the sound of a whisper or a whimper in one part of
the world can immediately be heard in all parts of the world -- and
consequences follow.
But the world body politic has not kept pace with those scientific and
technological achievements. Just as the individual human body makes a natural
effort to keep the growth of its components balance, and we consider the body
disfigured if the growth of one arm or leg is significantly less than the
other, so is the world body politic disfigured if its knowledge component opens
up broad new vistas for development while its political and social components
remain in the Dark Ages....
Let us understand the nature of this shift. It is not that states are
disappearing, it is that the state system is acquiring a new dimension, one
that began as a supplement and is now coming to overlay (and, at least in some
respects, to supercede) the system that prevailed throughout the modern epoch. That
overlay is a network of agreements and arrangements that are not only
militarily and economically binding but are becoming constitutionally binding
as well. This overlay increasingly restricts what was called state sovereignty
and forces states into various combinations of self-rule and shared rule (the
shortened definition of federalism) to enable them to survive at all.
The implications of this paradigm shift
are enormous. Whereas before, every state strove for self-sufficiency,
homogeneity, and, with a few exceptions, concentration of authority and power
in single center, under the new paradigm all states have to recognize their
interdependence, heterogeneity, and the fact that their centers, if they ever
existed, are parts of a multi-centered network that is increasingly
noncentralized, and that all of this is necessary in order to survive in the
new world.
The suggestion that we are witnessing a major paradigm shift does not
mean to suggest that the outcome will be perfect or even work in every case. Humans
are still humans and their conflicts are very real. For example, federalism has
probably received most attention as a way to resolve ethnic conflicts in a
world that has rediscovered the harsh realities of ethnicity and has lost its
confidence that modernization will bring about their desuetude. But students of
federalism already have recognized that ethnic demands are among the most
exclusivist in the world and the same ethnic consciousness that makes
federalism in some form necessary, makes it all the more difficult and less
likely to succeed. Perhaps the solution lies in the extent of the federal bonds
as much as in their depth.