Federal Homogeneity from the Bottom Up: Provincial Shaping of National HIV/AIDS Policy in South Africa

Nico Steytler

Publius: The Journal of Federalism, 2003, vol. 33, issue 1, 59-74

Abstract: Federal homogeneity is not always imposed from the center; subnational units can and do influence national policy from the bottom up by developing innovative policies. In South Africa, provincial policies in the area of HIV/AIDS shaped national policies within the context of the overarching normative structure of the national Bill of Rights. The conditions under which this happened were (1) constitutional space for a province to develop an innovative policy and practice, (2) the necessary political will to exploit the constitutional space, and (3) the judicial and political impact of a province's innovative policy on the national policy. While provincial policy informed the court decision, it also furthered the political debate nationally. Finally, intergovernmental competition played an important role in countering the monopolistic tendency that can be produced by cooperative government. Copyright 2003, Oxford University Press.

Date: 2003
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