3: Federalism, Regionalism, and Devolution Flashcards
What is a decentralized system?
- A system where sub-national entities also have legislative powers
- There is a vertical separation of power between the central government and sub-national entities
- The federalizing process can happen: bottom up or top down
How do federal and regional systems differ from each other? (5 key aspects)
- Federal: Constitution has exclusive competence, and residual power is assigned to the member state
Regional: The government has higher degree of legislative power - Federal: Member states have their own judiciary system, while regions do not
Regional: Regional systems may have their own judiciary system - Federal: The 2nd Chamber of Parliament is a chamber of sub-national entity
Regional: Does not have 2nd Chamber of Parliament - Federal: Member states of bottom up federal systems have their own constitution
Federal and Regional Systems: USA
- Each state has 2 elected senators
- Amendments to the constitution are proposed by Congress when two-thirds of both houses deem it necessary
- Amendments can also be proposed by Congress on the application of the legislatures of two-thirds of several states
Federal and Regional Systems: Germany
- Upper House (Bundesrat) is made up of the Land government
- Land government: The governments of each member state appoints the representatives of the house
Federal and Regional Systems: Italy
- Senate: Elected on a regional basis, merely corresponding to electoral districts. Each region has legislative power in all matters not expressly covered by State legislation
- Integrated judiciary system (a regional element)
- It is possible to call for a referendum on constitutional amendment law (regions play a minor role)
- Italy remains a regional state
Federal and Regional Systems: Canada
- Senate: 4 divisions with equal number of representatives
- Constitutional amendment can be made by proclamation issued by the Governor General and authorized by (1) resolutions of the Senate and House, and (2) the legislative assemblies of at least two-thirds of provinces which have at least 50% of the population
- Sec 91 (the central government) and Sec 92 (the regions) are two lists of exclusive competencies, thus they have the same level of legislative authority
What is the issue of fiscal autonomy in federal and regional systems?
- There cannot exist a true federalist state without the ability to raise taxes
- Different approches: e.g. Barnett Formula
What is devolution, and how does it apply in the case of the UK?
- Devolution happens when there is a transfer of power (mainly residual legislative power) from the central power to the devolved nations
- No transfer of sovereignty (remains with central Parliament)
- Westminster gives power to other regions, and can take powers back
- UK devolution is asymmetrical
What are the devolutionary Acts that were enacted for Scotland, Wales, and Northern Ireland?
Scotland Act 1998, 2012 and 2016
- Executive competence: Central government
- Residual legislative power: Scottish Parliament on the lines of a federal system
Wales Acts 1998 and 2006
- 1998: Only administrative functions; legislative powers remained with Westminster
- 2006: Granted some legislative power in Scottish style
- Later on: Offered full devolution and referal of exclusive legislative authority
Northern Ireland Act 1998
Since beginning: Residual legislative functions like Scotland, but with differing subject matter
What are the 3 different types of UK devolution asymmetries?
- Functional asymmetry
- Componential asymmetry
- Structural asymmetry
What is the English Question? How is purely English legislation chosen?
Addresses the fact that legislation which affects England exclusively can be affected by the votes of every States’ MPs
Solution 1:
Introduce English votes for English law
- However, what consists purely English legislation, and what is more expansive?
Solution 2:
Reduce the number of MPs in Westminster as their duties to this house is more limited
- Unpopular solution
How purely English legislation is chosen:
- House of Commons - 1st reading
- House of Commons - 2nd reading
- Committee Stage review
- English MPs Committee Stage review
- Grand Committee of English MPs
- House of Commons - 3rd reading
- House of Lords review
- Royal assent
How was devolution funded?
Barnett Formula
- Mechanism where the amount of public expenditure of Scotland, Wales and Northern Ireland is automatically adjusted to reflect changes in public expenditure levels allocated to England/Great Britain
- Provides a proportionate share of spending on “comparable” functions, taking into consideration the devolved States’ populations compared to the UK’s
How did devolution occur in the Italian Regions?
- Fundamental change in legislative power of the regions post-reforms: Increase in autonomy of the regions
1999: (1) Regional reform of the government; (2) Reform in the statutory powers held by Ordinary Regions
2001: Changed the allocation of legislative powers between the State and the Regions
