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Introduction to Federalism

Introduction to Federalism. Douglas Brown St Francis Xavier University September 2012. Introduction to Federalism. Part 1 What is Federalism ? Federalism and Political Values History and Variety of Federal Experience Part 2 Key Characteristics and Variables of Federations.

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Introduction to Federalism

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  1. Introduction to Federalism Douglas Brown St Francis Xavier University September 2012

  2. Introduction to Federalism • Part 1 • What is Federalism ? • Federalism and Political Values • History and Variety of Federal Experience • Part 2 • Key Characteristics and Variables of Federations

  3. What is Federalism? • A type of democratic government • A philosophy of co-existence in diverse or multiple societies • The constitutional rule of law • Self rule plus shared rule • Divided and shared sovereignty • Multilevel governance

  4. Definitions and Distinctions • Federalism -- the overall theory of shared governance and social co-existence • Federation – two or more orders of government with equal status under a Constitution • Confederation – league of states with delegated central authority (( in Canada, the original act of union in 1867))

  5. More Definitions…. • Federatedstates – formal association of a smaller state with a larger one (e.g. Puerto Rico with USA) • “FederalGovernment” – common name for the central government in a federation • FederalSystems – the family of political systems that includes federations, confederations, federated states, etc.

  6. Evaluating Federalism 1 • By Liberal-democratic values • By State and other powerful interests and values • By Communitarian values

  7. Evaluating Federalism 2Liberal-Democratic values • Federalism enables representative democracy in large territories • Provides for territorial pluralism • Protects minorities and individual rights • Allows for competition and multiple power centres

  8. Evaluating Federalism 3State and other interests • Elite accommodation and bargaining is promoted • Conflict management improved • Protection of borders and differences is afforded • New orders (levels) of jurisdiction take on a life of their own

  9. Evaluating Federalism 4Communitarian values • Pooling of resources for such purposes as joint defense and a common market • Sharing of wealth, redistribution • Allows for diversity within a single community, as well as power sharing among communities

  10. History and Variety of Federal Systems 1 • Early Leagues of States (Confederacies) • Greek, Hanseatic, Iroquois • The First Federation: USA, 1787 • First republic in a large land mass • Compound polity • Limited government • Switzerland, 1848 • British Parliamentary Federations • Canada 1867, Australia 1901, India 1949, Malaysia 1965, West Indies and Africa (various dates, 1960s)

  11. History and Variety of Federal Systems 2 • German Federal Model, 1949 • Administrative unity • European Union, 1986 onwards • From confederation to federation? • Newly Federal Constitutions from Unitary States • Belgium, Spain, United Kingdom • Newly “Real” Federalism • Russia, Argentina, Mexico, Brazil • Recently Failed Federations • Czechoslovakia, Yugoslavia

  12. What drives federal systems: the institutions or the social base? • Political scientists theorize about what is the driving force in politics: institutions or society? • How do federal institutions shape society? • Or is there such a thing as a federal society? • Can a federal society change over time? How? Can a federal society become more/less integrated? • Can federal institutions change, as society changes?

  13. Part 2 • Five key features • Three Caveats • Processes for Change • Indicators for comparing federal systems • Canada compared with other federations

  14. Five Features of “Federations”(From Jennifer Smith’s book Federalism 2004) 1. Combining shared rule and self rule: • regional (e.g. province) governments for regional matters, laws applicable to residents within their boundaries; • central government for general or “national” matters, laws applicable to all citizens. 2. Autonomy of each level of government respected, one not subordinate to the other. Usually constituent units have equal powersamong themselves (“symmetry”).

  15. Five Features, continued 3. The federal relationship is legally bound by a writtenConstitution, and governed by the rule of law. 4. A constitutional amending formula, preventing any one order of government from changing the constitution unilaterally. 5. A central government designed in part to represent the units of the federation.

  16. 3 Key Caveats • There is no one model that works everywhere -- it depends on the circumstances of founding and the nature of the societies to be federated. • All federations change over time as the economy and society, and the role of government changes. • Thus federations combine fixed features to provide certainty with flexible features to provide and accommodate change.

  17. Comparing Three Federations

  18. Constitutional amendment (or treaty) Judicial review Fiscal arrangements Intergovernmental agreement Political parties and movements Processes for Change in Federal Systems

  19. Significant Variables • Centralization, decentralization and “noncentralization” – the flow of lawmaking, administrative clout, money • Symmetry vs. asymmetry – “defacto” and “dejure” • Interdependence of governments – is it dealt with through “Interstate” or “intrastate” process? • Degrees of Self-determination and self-government of constituent “peoples” or nations

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