Cooperative federalism is something of a misnomer in that its converse
“non co-operative” federalism seems a recipe for disaster. But, federal
states vary in respect of
(i) geography and demography;
(ii) differences
in constitutional design and practice; and
(iii) the varying challenges
and goals each federation sets for itself.
While judicial solutions to federal disputes are necessary, they serve a
limited purpose. Legislative solutions provide a form of representation
for the states, without creating concrete results. Formal
inter-governmental councils provide an opportunity to meet but cannot
take the matter further without the empowerment to do so. Executive
federalism has found answers but is not responsive to democratic
participation. Contemporary federalism faces three distinct challenges
(i)
ensuring an equitable distribution of finances amongst states;
(ii)
confronting the challenge of terrorism on federal systems; and
(iii)
devising new answers for the
