Adapting Federalism: Indigenous Multilevel Governance in Canada and the United States

Martin Papillon

Publius: The Journal of Federalism, 2012, vol. 42, issue 2, 289-312

Abstract: Given its change-resistant nature, how does federalism evolve to reflect the changing social and political context? This article compares the trajectories of Canadian and American federalism in response to the self-determination claims of indigenous peoples. Building on the literature on institutional change, I first suggest that both federations have followed similar patterns of institutional adaptation to indigenous claims through the development of multilevel governance (MLG) regimes that are layered over the existing federal structure without altering its foundations. I then underline the variations in the two MLG regimes and suggest these differences are the product of specific policy legacies as well as strategic choices made by the indigenous leadership, notably around venue selection. Copyright 2012, Oxford University Press.

Date: 2012
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