Evolution and Varieties of Federalism

• There has been an evolution of federalism.
• Before the 20th there were 9 federations.
• The 20th century saw a "federalist revolution" characterized by the breakdown of colonial empires and the emergence of newly independent states.
• Federalism has proliferated while states balance different cultures.
• Certain federations, such as the USSR, Czechoslovakia, Yugoslavia, United Arab states, West Indies, and Serbia & Montenegro, have failed.
• Some federations have transitioned into unitary states, including Libya and Indonesia.
• The UK shows movement along the spectrum, devolution from unitary to federal.

Varieties of Federalism

• Federalism can be categorized using types, rationale/purpose, form of government, bicameralism, and division of powers.
• A reason for federalism includes cultural diversity or simple territorial division of powers.
• The form of government found in a system of federalism can either be presidential or parliamentary.
• Bicameralism may include a 2nd chamber senate for regional populations or a council for regional governments.
• Under federalism division of powers can be legislative or administrative.

Rationale and Purpose

• Federalism can be cultural or territorial.
• Cultural federalism: strong union/ accommodates cultural and regional differences
• Switzerland: 17 German, 4 French, 1 Italian, 4 plurilingual cantons
• Canada: primarily anglophone provinces & Quebec
• Belgium: 4 linguistic regions – French, Dutch, German & bilingual Brussels
• India: 28 states along mostly linguistic boundaries
• EU 28 states, 24 official languages
• Limited governance under Treaties
• Territorial federalism: cultural difference diminished importance
• Germany: originally Protestant north & Catholic south – no longer relevant
• US: north south division has become less relevant
• In Germany & US, Länder & states are culturally diverse – not a significant factor
• Australia: territorial basis- distinct political communities + common national culture

Form of Government

• Parliamentary form of government: fusion of powers => more dominant role for the executive
• A parliamentary system is common.
• There may be direct bargaining between executives of national & constituent governments.
• Canada, Australia, Germany, Switzerland & India use the parliamentary system.
• Presidential: executive has no direct legislative role
• Combined with federalism – 'multiple horizontal and vertical checks and balances' = the "compound republic”
• The US & mostly Latin America utilize the presidential system

Senate or Council

• Bicameral representation at national level is utilized.
• Lower house representative determined according size of population.
• Upper house representative determined by constituent units, states, provinces, cantons, Länder
• Canada is an exception to this model.
• Senates are determined by constituent units represented
• Democratic representation was first introduced in Australia and later adopted in the US in 1913.
• Councils model features a German configuration.
• Bundesrag members [federal council] consist of delegates of Länder governments.
• Utilizing indirect representation of the people.
• This model is followed by the EU, South Africa
• Some countries utilize mixed models, like in Spain, where some are elected, some reps chosen by legislatures

Legislative or Administrative Division of Powers

• Legislative - divided federalism
• Distinct national and constituent unit jurisdictions exist.
• Coordination based on existing legislation "forward linkages"
• Canada has competitive tensions and conflicts.
• US is pragmatic and led by the national congress.
• Administrative division of powers: National legislation sets general goals.
• Most administrative tasks are conducted by Länder
• Apply law & deliver services by discretion.
• Länder representation at national level assures national legislation reflects regional participation
• Coordination prior to final legislation ["cooperative backward linkage"] can be found in Germany, South Africa.

American Model

• Models and variations can influence popular will in the Senate.
• State governments do not directly access national law-making and do not contribute to intergovernmental coordination.
• Federalism evolved into cooperative measures including regulatory or coercive action.
• This model can be revolutionary.
• It a also a constitutional invention.

Canadian Model

• Political settlement between English Canada & Quebec
• English Canadians believe federalism as a vehicle for individual liberalism
• French Canadians advocate for individual liberalism + collective cultural identity
• Socioeconomic asymmetry exists.
• Western provinces resent treatment as economic hinterlands.
• Cultural differences exist – alignment with the US.
• A national party does not exist.
• Quebec [BQ], West [Reform...] are regionally-oriented parties.
• Canada utilizes an evolutionary process, rather than revolutionary.
• Weak Senate => no effective provincial representation at the national level

Constitutions v Practices

• "The American Constitution in Comparative Perspective: A Comparison of Federalism in Canada and the United States" by Ronald L. Watts
• The key differences between the Canadian and US constitutions include origins, purpose and motivation, British influence, economic factors, philosophical influences, diversity, evolution, socioeconomic factors, economic concentration, institutional differences (parliamentary/presidential), different distribution/allocation of powers, number of constituent units and moderating factors

An overview of the evolution of federalism, noting its proliferation and failures in balancing states and cultures. Discusses varieties of federalism based on types, rationale, form of government and division of powers. Includes examples of federal states transitioning into unitary states such as Libya and Indonesia.