Cities And The Constitution

This book presents an exploratory account of the origins and dynamics of cities. The author recounts how the essential foundations of the urbanization process reside in two interrelated forces. These are the tendency for many different kinds of human activity to gather together to form functional complexes on the landscape, and the multifaceted intra-urban space-sorting crosscurrents set in motion by this primary urge. From these basic points of departure, the city in all its fullness emerges as a reflexive moment in social and economic development. The argument of the book is pursued both in theoretical and in empirical terms, devoting attention to the changing character of urbanization in the capitalist era. A point of particular emphasis concerns the peculiar patterns of resurgent urbanization that are making their historical and geographical appearance in the currently emerging phase of cognitive-cultural capitalism and that are now rapidly diffusing across the globe.

Canadian municipalities oversee the country's most urgent policy areas, yet the constitutional authority of cities to manage their increasing obligations has not kept pace. This volume considers how policy, law, and the constitution can be reimagined to resolve the mismatch between powers and responsibilities.

"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--

The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.

"Local Code is a prescription for urban health."-Elizabeth Plater-Zyberk, Architectural Record