IDEAS home Printed from https://ideas.repec.org/a/kap/copoec/v34y2023i1d10.1007_s10602-022-09364-y.html
   My bibliography  Save this article

How cooperative is “cooperative federalism”? The political limits to intergovernmental cooperation under a de facto concurrency rule

Author

Listed:
  • Christa Scholtz

    (McGill University)

  • Andrei Munteanu

    (Université du Québec à Montréal)

Abstract

Proponents of “cooperative federalism” claim that intergovernmental behaviour is endogenous to legal rules about legislative competences: a concurrency rule systematically induces intergovernmental cooperation, where an exclusivity rule systematically impedes it. Citing the imperative for greater cooperation, courts in classical, or dualist, federal systems have used legal doctrine to fashion zones of de facto legislative concurrency. We develop a formal model to explore the soundness of this reasoning. Our analysis complicates courts’ simplistic expectation. Under our assumptions, cooperation may be supported in equilibrium, but only under quite restrictive conditions. We show how the impact (if any) of a de facto concurrency rule on government behaviour depends on the paramountcy rule, government policy preferences relative to the status quo, policy development costs, and the risk of costly political backlash. We pair our theoretical analysis with a study of Canadian federalism jurisprudence and its impact on Canadian securities regulation.

Suggested Citation

  • Christa Scholtz & Andrei Munteanu, 2023. "How cooperative is “cooperative federalism”? The political limits to intergovernmental cooperation under a de facto concurrency rule," Constitutional Political Economy, Springer, vol. 34(1), pages 111-134, March.
    • Handle: RePEc:kap:copoec:v:34:y:2023:i:1:d:10.1007_s10602-022-09364-y
    DOI: 10.1007/s10602-022-09364-y
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s10602-022-09364-y
    File Function: Abstract
    Download Restriction: Access to the full text of the articles in this series is restricted.
    File URL: https://libkey.io/10.1007/s10602-022-09364-y?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Cyril Hédoin, 2020. "History, Analytic Narratives, and the Rules-in-Equilibrium View of Institutions," Post-Print hal-02864924, HAL.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Vyacheslav V. Volchik & Elena V. Fursa & Elena V. Maslyukova, 2021. "Public administration and development of the Russian innovation system," Upravlenets, Ural State University of Economics, vol. 12(5), pages 32-49, November.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:copoec:v:34:y:2023:i:1:d:10.1007_s10602-022-09364-y. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.