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Federalism And Power-Sharing: Legal Pathways To Preventing Internal Conflicts




Arun Kumar N & Shalini


ABSTRACT


In an era marked by deep societal cleavages and increasing political fragmentation, federalism and power-sharing emerge as crucial legal mechanisms for conflict prevention and peacebuilding. This paper interrogates the extent to which federal structures and constitutional power- sharing arrangements can serve as pathways to sustainable peace and justice in divided societies. Drawing on comparative constitutional experiences, the study examines how federalism—by allocating powers across multiple levels of government—can mitigate secessionist tendencies, protect minority rights, and accommodate cultural and linguistic diversity. Case studies of India, Canada, and Switzerland demonstrate how cooperative and asymmetrical models of federalism have fostered stability and inclusivity. Conversely, experiences from Bosnia, Nigeria, and Ethiopia highlight the risks of poorly designed or weakly enforced federal structures, where excessive decentralization or elite capture has intensified conflict rather than resolved it. The paper argues that the effectiveness of federalism and power- sharing depends not merely on constitutional text but also on the strength of rule of law institutions, fiscal equity, and mechanisms for dispute resolution. Particular emphasis is placed on the role of international law and peace agreements in embedding federal principles in post-conflict societies, as seen in South Africa’s transition and the Dayton framework in Bosnia. Ultimately, the research advances three hypotheses: (i) federalism reduces the likelihood of violent conflict by constitutionally recognizing diversity; (ii) power- sharing without strong institutions risks reinforcing fragmentation; and (iii) hybrid and flexible federal arrangements provide the most sustainable pathway to peace in plural societies. The study concludes that federalism, when properly designed and inclusively implemented, is not simply a governance model but a juridical pathway to global solidarity and sustainable peace.


Keywords: Federalism, Power-Sharing, Conflict Prevention, Rule of Law, Sustainable Peace, Global Solidarity



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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