unit 4 Flashcards
Define and illustrate the distinctive elements of the federal, regional and unitary
state.
A federal state combines self-rule and shared rule between central and federated entities (e.g., the U.S.), a regional state devolves powers to regions with varying autonomy (e.g., Spain), and a unitary state centralizes power in the national government with limited or no autonomy for subnational units (e.g., France).
What is a confederation? Illustrate its distinctive elements.
A confederation is a union of sovereign states that cooperate in specific areas while retaining independence, characterized by an international treaty basis, limited powers, a decision-making process requiring unanimity, and institutional structures like a council and commission, with member states maintaining sovereignty and the right to withdraw.
What are the main manifestations of the principle of federal supremacy?
The principle of federal supremacy manifests through the federal constitution as the supreme law, preemption of conflicting state laws, judicial enforcement by constitutional or supreme courts, exclusive federal powers, supremacy clauses in constitutions, and the binding nature of federal decisions.
How can federal constitutions secure [self-rule; shared-rule]?
Federal constitutions secure self-rule and shared rule by defining areas of exclusive authority for federated entities, guaranteeing their autonomy through constitutional protections, and enabling their participation in federal decision-making via mechanisms like bicameral legislatures, amendment procedures, and intergovernmental cooperation.
‘The US and German federal systems diverge in the structure of their Second
Chambers (respectively, Senate and Bundesrat)’.
The U.S. Senate and the German Bundesrat diverge in their structure, composition, and functions, with the U.S. Senate focusing on direct democratic representation and broader legislative power, while the Bundesrat represents state governments’ interests in a cooperative federalism model, with state-appointed delegates voting as blocs and having a suspensive veto power over federal legislation.
Illustrate the execution of federal legislation in the US and German federal systems.
In the U.S., federal legislation is executed primarily by federal agencies, with states only voluntarily complying or incentivized by conditional spending, while in Germany, Länder are responsible for executing most federal laws with federal oversight, reflecting a system of cooperative federalism.
Define dual and cooperative federalism and their linkages with distinct conceptions
of the role of public power.
Dual federalism emphasizes a decentralized distribution of power with clear separation between federal and state governments, fostering autonomy and competition, while cooperative federalism promotes shared responsibilities and collaboration between levels of government, emphasizing coordination and national unity.
Illustrate the asymmetrical elements inherent in the Italian and Spanish regional
systems.
The Italian and Spanish regional systems exhibit asymmetry through unequal distribution of powers and autonomy, with Spain granting more privileges to historically and culturally distinct regions like the Basque Country and Catalonia, and Italy distinguishing between Ordinary Statute and Special Statute regions, the latter enjoying greater fiscal and legislative autonomy.
Compare statutory autonomy in the Italian and Spanish regional systems.
In Spain, statutory autonomy is granted asymmetrically, with regions like Catalonia and the Basque Country enjoying greater autonomy through historical recognition, while in Italy, the distinction between Ordinary and Special Statute regions creates a system where the latter have significantly greater autonomy, particularly in fiscal and legislative powers.
How are intergovernmental relationships coordinated within regional systems?
Intergovernmental relationships in regional systems like Spain, Italy, and the UK are coordinated through mechanisms such as intergovernmental conferences, bilateral commissions, joint committees, and judicial oversight, though challenges such as asymmetry, non-binding agreements, and balancing regional autonomy with national cohesion persist.
How is legislative power distributed in regional states?
In regional states, legislative power is distributed through constitutional or statutory frameworks that outline exclusive, concurrent, and residual competences, often with varying degrees of autonomy for regions, as seen in Spain, Italy, and the UK, where asymmetry and judicial oversight play key roles in managing the balance between central and regional authorities.
What is ‘devolution’? What are its main features?
Devolution is the delegation of powers from a central government to regional or local governments within a unitary state, characterized by its statutory nature, asymmetry, central government oversight, and the potential for revocation, with the central government retaining ultimate sovereignty.
What are the main characteristics of decentralization in unitary states?
Decentralization in unitary states involves the transfer of administrative powers to subnational units, while the central government retains ultimate sovereignty, limits political autonomy, and ensures strong oversight, as seen in France’s gradual reforms and asymmetric structures.
