Week 4 Flashcards
1
Q
Characteristics of federalism
A
*Subunits derive their power from the Constitution
* Subunits have more power as compared to subunits in unitary states
* Decentralized and deconcentrated form of government (e.g., Nigeria, US, Canada)
* Constitution may say that all powers rest with the subunits except for designated powers that rest with the federal authority
* Constitution can also have a list of designated powers for each authority
* Constitution normally will declare about the actual division of powers and functions between federal authority and subunits
* Constitutional guarantee that subunits powers will not be taken away from them and to try anything of the sort, will usually need a supermajority of sorts and complicated process to do so
2
Q
Symmetrical federalism
A
- Federal states can also be classified as symmetrical federations where all subunits enjoy the same powers and have the same say in the federal framework
- Norm is equality between all units
3
Q
Asymmetrical federalism
A
- Some subunits have greater autonomy than others even though they have the same constitutional status
- E.g., Catalonia, Quebec, Kingdom of NL in which Netherlands has greater autonomy and decision-making than Aruba
- Can be divided into two types of agreements/arrangements: de jure asymmetry and de facto asymmetry
4
Q
De jure asymmetry
A
- Asymmetry derived from the constitution which resolves differences in legislative powers, representation in central institutions, and rights and obligations that are set in the constitution.
5
Q
De facto asymmetry
A
- Asymmetry derived from political agreements and acts determined by the central legislator with the subunit.
- De facto asymmetry reflects agreements which come out of national policy, opting out, and bilateral and ad hoc deals with specific provinces/states, none of which are entrenched in the constitution
6
Q
Centripetal federalism
A
- Integrative federalism: refers to states who used to be independent, then decided to pool their powers together to create a new federal system
- Power goes to the centre
- E.g., Switzerland, US, UK
- Note: also if there are provisions that are not clear on the share of power, then it is automatically gone to the centre as central authority can decide how much power to devolve (which usually isn’t a lot)
7
Q
Centrifugal federalism
A
- Devolutionary federalism: refers to when formerly unitary entities would re-establish themselves as federations or devolve so much power to their regions that they become federal
- Power goes away from the centre
- E.g., South Africa, Mexico
8
Q
Unitary states
A
- Power of subunits derived from the central authority (i.e., the central government will, itself, allocate powers and functions to subunits)
*Existence of subunits still depends on the power of the national legislator - Unitary states often characterized either by the fact that all powers of the local authorities are granted by the central legislator, or the constitution may provide some form of local authority, but it’s up to the central power what those limits and functions are
9
Q
Dutch state system
A
- Decentralized/Devolved unitary state
*The country itself is unitary, but the kingdom acts like a federation
*All three level of government are allowed to regulate anything, however, once a higher power regulates that thing, the lower powers lose the ability to regulate it - No subject matter in the constitution, so central legislator can regulate whatever they want
*Central legislator does leave some autonomy to the lower authorities of provinces and communities
10
Q
Canada state system
A
- Federation that does not have states but rather provinces and territories
- Territories have less autonomy and influence than the provinces
*Quebec has more power and preferences at their disposal than other provinces do
11
Q
Spain state system
A
- According to the constitution, Spain is a unitary state with municipalities, provinces, and central authority
- However, there are ‘autonomous communities’ which is a coming-together of various provinces that constitutes ‘historical regions’
- See for e.g., Catalonia is a coming together of four provinces (Barcelona, Lleida, Girona, and Tarragona)
- These communities all enjoy a varying level of autonomy (i.e., Catalonia has more than other autonomous communities)
*However, they do not have their own constitutions and the legislator creates the autonomous communities - Thus, Spain is organized in a way that closely resembles a federal state, but they call themselves unitary
12
Q
UK state system
A
- Devolution system
- UK composed of different ‘countries’ (England, Scotland, Northern Ireland, Wales)
- The devolution scheme proposed to bring autonomy and self-rule/governance for the different countries, by way of the devolution acts
- Basically, says that the English parliament will not regulate acts of other UK countries
- Officially, they say they are a unitary state but they closely resemble a federation
*England does not have its own parliament either - rather, parliament is for the whole of the UK and it’s based in Westminster, while Scotland does have its own parliament and also takes part in Westminster
13
Q
Decentralization
A
- Federalism is a radical form of decentralization
- Decentralized governance
- Giving (more) power to local authorities and subunits of the state
- Usually, the highest organ and/or constitution delegates legislative powers and other competencies to lower organs
- Usually organized across territorial lines (territorial subunits)
14
Q
Deconcentration
A
- Authorities and organs of the central government are not all centralized in the same space/area
- Central state organs spread out over the territory of the entire country (Parliament in city 1, government in city 2, judiciary in city 3 - e.g., South Africa)
- In Germany, government and parliament in Berlin but SC in Karlsruhe
- Having state organs spread out in different cities is how unitary states deconcentrate
- In federal states, deconcentration runs deeper (can combine with decentralization) - only the highest courts are federal courts while lower courts are state courts, state courts deal with matters under state law while federal courts are for matters concerning federal laws (e.g., regarding judiciary, this is how the US does it)
15
Q
What is the philosopher rationale behind the need for a Constitution and (p)reviewing laws to fit with it?
A
- General will - Rousseau’s solution to the problem of government
- If we are all guided by the general will within us (rationality, morality, honesty, etc.), then one could argue that no government is needed
- However, James Madison basically attacks Rousseau’s general will uniting citizens in one brotherhood idea and says that “if men were angels, no government would be needed and if angels were to govern men, then no limits on government needed. But the problem is, we are neither of this as men govern men.”
*So, we need the government strong enough to coerce us, but limited enough not to be a threat to our liberty
*Constitutions one of the instruments devised to solve this problem
