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Questions and Answers
What primary factor differentiates federal states from unitary states?
What primary factor differentiates federal states from unitary states?
In federal states, residual subject-matters are generally assigned to which governmental entity?
In federal states, residual subject-matters are generally assigned to which governmental entity?
Which of the following models allows sub-state entities their own criminal and civil codes?
Which of the following models allows sub-state entities their own criminal and civil codes?
How are sub-state entities represented in the upper chamber of the U.S. Congress?
How are sub-state entities represented in the upper chamber of the U.S. Congress?
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Which of the following federal systems allows the central government to control residual subject matters?
Which of the following federal systems allows the central government to control residual subject matters?
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What is one of the key elements used to differentiate between systems of state?
What is one of the key elements used to differentiate between systems of state?
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In federal systems, what standard percentage of sub-state entities must ratify constitutional amendments in the USA?
In federal systems, what standard percentage of sub-state entities must ratify constitutional amendments in the USA?
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What characterizes the integrated model of federalism regarding criminal legislation?
What characterizes the integrated model of federalism regarding criminal legislation?
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What is a characteristic of member states with their own constitutions during the federalising process?
What is a characteristic of member states with their own constitutions during the federalising process?
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How do regionalised states typically define the competence of their sub-state entities?
How do regionalised states typically define the competence of their sub-state entities?
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What does the presence of an Upper House in a bicameral legislature signify in terms of state structure?
What does the presence of an Upper House in a bicameral legislature signify in terms of state structure?
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According to the discussion on regional powers, what limitations do these entities face in constitutional reform procedures?
According to the discussion on regional powers, what limitations do these entities face in constitutional reform procedures?
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What is a defining feature of a unitary state with respect to its sub-state entities?
What is a defining feature of a unitary state with respect to its sub-state entities?
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Which of the following correctly describes the relationship between central and sub-state entities in systems that allow concurrent subject matters?
Which of the following correctly describes the relationship between central and sub-state entities in systems that allow concurrent subject matters?
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What exemplifies the way Italy operates as a regionalised power compared to others?
What exemplifies the way Italy operates as a regionalised power compared to others?
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Which legislative body is specifically designed to represent the nation rather than sub-state interests in Italy?
Which legislative body is specifically designed to represent the nation rather than sub-state interests in Italy?
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Study Notes
Categorizing State Forms
- State forms are categorized based on territorial organization and power separation between central and sub-state governments.
- Sub-state structures vary, making classification challenging without oversimplification, but broad categories exist: unitary, federal, regionalized unitary, and devolved unitary.
- Distinguishing features include allocation of legislative, judicial power, upper house representation, and constitutional amendment powers.
Federal States
- In federal states (e.g., Germany, Switzerland), constitutions define central government's legislative purview (e.g., diplomacy).
- Residual matters (local governance) are often delegated to sub-state entities (e.g., US states).
- Examples illustrate differing allocations; Canada’s Constitution Act (1876) gives residual matters to the federal government.
- Sub-state entities possess separate court systems and unique substantive/procedural law (civil/criminal).
- Degrees of federalism include "separated" and "integrated" models.
- Separated model: Sub-state entities control their own criminal and civil codes (e.g., U.S. marijuana laws in different states).
- Integrated model: Central government enacts criminal laws, and sub-states implement enforcement. Sub-state entities can appoint their own provincial judges (e.g., Canada).
- A second chamber (upper house) represents sub-state entities in different ways (e.g., U.S. Senate with two senators per state).
- Member states have constitutional amendment powers (e.g., ¾ of U.S. states must ratify amendments).
- Sub-national constitutions may exist, sometimes part of a federalizing process (e.g., U.S. before 1787)
Regionalized Unitary States
- In regionalized states (e.g., Spain), constitutions define specific subject matter for sub-state entities' legislative power, granting residual to the central government.
- Some constitutions include "concurrent subject matters" allowing both central and sub-state entities legislative power.
- States often confirm framework laws with guiding principles for sub-state legislation (e.g., Spain).
- Italy's system is an exception, maintaining sole legislative power except for areas specifically reserved for state law.
Representation in Upper Houses
- Presence of an upper house (bicameral legislature) in a federal or regional state helps differentiate between systems.
- Where the upper house does not represent sub-state entities, it likely suggests a regional state. (e.g., Italy's Senate represents the nation).
Regional States
- Sub-state entities do not participate in constitutional reform procedures (e.g., Italy).
- State limitations on constitutional amendment imply a "take-it-or-leave-it" approach to legislation and amendments.
Unitary States
- In unitary states (e.g., UK), most power resides in the central government.
- Sub-state entities possess limited, primarily administrative power, though devolution can happen (e.g., Scotland Act of 1998 granting Scotland its parliament).
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Description
Explore the various categories of state forms based on territorial organization and the distribution of power between central and sub-state governments. This quiz delves into the characteristics of unitary and federal states, highlighting their distinct features and examples such as Germany, Switzerland, and Canada. Test your knowledge on how constitutional frameworks shape governance.
