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Conclusion

Federal institutional design affects public security, as do a plethora of other endogenous effects whose impact on the performance of a federal polity's strategy and capacity to generate public security cannot always be disentan­gled.

That makes it difficult to control systematically for vertical and horizon­tal effects, such as decentralization and asymmetry, on security outcomes. Inherently, federal security institutions, practices and outcomes appear to be a result more of federalism per se than other general governance and societal factors in mature federations. Yet mature federations are also mature democra­cies. Democratic governance and a federal political culture are necessary con­ditions for federal security institutions. Federal approaches to security seem to work best where the principle of subsidiarity prevails, along with a consensus on the levels of government best suited to different security challenges (Kolling and Leuprecht2020).

Public security tends to be more centralized in heterogeneous countries than in homogeneous ones. However, particular legal histories continue to influence current constitutional and legal frameworks. The findings confirm that federations are prone to centralize public security when confronted with looming internal or external security threats. The centralization of security measures in many countries in the aftermath of 9/11 resulted in a recalibration of self-rule in favour of shared rule with respect to public security.

The division of powers in the constitution may not reflect the potentially overbearing security capacity of the federal level. At the same time, their more limited constitutional competencies notwithstanding, sub-state, and espe­cially municipal, levels seem to fill some of the void when federal will or capac­ity are found wanting. In homogeneous countries, the principle of subsidiarity seems to prevail.

Nevertheless, the necessity to ensure that sub-state consti­tutional jurisdiction over public security is accompanied by a commensurate jurisdictional capability to raise resources, or at least benefit from a guaranteed transfer of resources by the federal government, is a recurring theme. Whether a federation has a top-down or bottom-up approach to security seems to be driven both by whether they were once unitary states and how homogenous they are.

The decentralization of security and prospective inequitable capacity give rise to concerns about asymmetry in public security outcomes across constituent units, including inequitable human rights outcomes. Conversely, equity in public security outcomes emerges as a litmus test for the maturity of public security in a federal polity. However, equity does not necessarily imply symmetry. On the contrary, in deeply diverse asymmetric societies, the deliv­ery of public security may actually be a precondition for equitable outcomes because of extensive variation in values, interests and priorities across sub­state units. Irrespective of the degree of asymmetry, however, decentralization emerges as a key determinant of the legitimacy and efficacy of public security and the intergovernmental relations that institutionalize it. The institutional logic that informs this finding is a function of territorial differentiation of secu­rity priorities, values and interests across constituent units on the one hand, and subsidiarity on the other.

The impact of the degree to which intergovernmental relations are polit­icized has a bearing on vertical and horizontal coordination only absent a concomitant level of maturity and trust among politicians and bureaucrats at various levels of government.

Where institutional capacity and legitimacy are low, whom citizens tend to trust with matters of public security depends on the level of government more closely associated with their interests: while minorities may tend to mis­trust the federal government when they reside in a sub-state unit where they comprise the majority, they may place greater trust in the federal government when they are in the minority in their sub-state unit. However, low levels of accountability and transparency need not necessarily occasion mistrust as long as public security outcomes are adequate.

Institutionalized intergovern­mental relations, high levels of mutual trust and robust institutional capacity give rise to more proactive policy making and prevention; where the converse obtains, policy response tends to be reactive and the central government, pre­occupied with enforcement, emerges as the sole guarantor of public security. In other words, proactive, preventive measures are difficult to operationalize, let alone sustain, in federations whose constituent units lack the necessary capacity, resources or competencies and the concomitant intergovernmental relations and mechanisms.

Federal governance is never easy; but without effective institutions and processes to respond to diverse local values, interests and priorities for free­dom and security, neither federalism nor governance, let alone democracy, are likely to succeed. As in other policy areas, the greater the variance among pri­orities, interests and values, the greater the incentive for decentralization and asymmetry to reconcile unity in diversity.

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Source: Fenwick Tracy B., Banfield Andrew C. (eds.). Beyond Autonomy: Practical and Theoretical Challenges to 21st Century Federalism. Brill | Nijhoff,2021. — 265 p.. 2021

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