Varieties of Federalism I PDF

Varieties of Federalism I Evolution of federalism Pre 20th © 9 federations 20th © “federalist revolution” Breakdown of colonial empires/ newly independent states  proliferation of federalism Balancing different cultures etc. Failed Federations USSR...

Varieties of Federalism I Evolution of federalism Pre 20th © 9 federations 20th © “federalist revolution” Breakdown of colonial empires/ newly independent states  proliferation of federalism Balancing different cultures etc. Failed Federations USSR United Arab states Czechoslovakia West Indies Yugoslavia Serbia & Montenegro Evolution of federalism Federations that became unitary states Libya Indonesia Moving along the spectrum from unitary to federal Devolution in UK Varieties of federalism Types 1. Rationale/purpose Cultural diversity or simple territorial division of powers 2. Form of government Presidential or parliamentary 3. Bicameralism 2nd chamber: senate [regional populations] or council [regional governments] 4. Division of powers Legislative or administrative Varieties of federalism 1. Rationale/purpose Cultural or territorial? Cultural federalism: strong union/ accommodate cultural/regional difference 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 Varieties of federalism 1. Rationale/purpose Cultural or territorial? Territorial federalism: cultural difference have 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 Varieties of federalism 2. Form of govt Parliamentary – fusion of powers => more dominant role for the executive More common Direct bargaining between executives of national & constituent govts Canada, Australia, Germany, Switzerland & India Presidential – separation of powers => executive has no direct legislative role Combined with federalism – ‘multiple horizontal and vertical checks and balances’ = the “compound republic” US & mostly Latin America Varieties of federalism 3. Senate or Council? Bicameral representation at national level Lower house = rep by pop Upper house = rep of constituent units states, provinces, cantons, Länder Canada is the exception Senates – people of constituent units represented Democratic representation first introduced in Australia, later adopted in US in 1913… Councils German model Bundesrat members [federal council] = delegates of Länder govts Indirect repn of the people Model followed by the EU, South Africa Mixed models: Spain – some elected, some reps chosen by legislatures Varieties of federalism 4. Legislative or administrative division of powers? Legislative – divided federalism Distinct national/constituent unit jurisdictions Coordination based on existing legislation [“forward linkages”] Canada – competitive tensions, conflicts US – pragmatic, led by national congress Administrative division of powers National legislation sets general goals Most administrative tasks conducted by Länder Apply law & deliver services – wide discretion Länder representation at national level assures national legislation reflects regional participation Coordination prior to final legislation [“cooperative backward linkage”] Germany, South Africa Varieties of federalism Models and variations 1. American model Adds a dimension of popular will in the Senate No contribution to intergovernmental coordination - state governments do not directly access national law-making Has evolved to cooperative federalism – even regulatory or coercive Revolutionary Constitutional invention Varieties of federalism Models and variations 2. Canadian model Political settlement between English Canada & Quebec English Canadians see federalism as a vehicle for individual liberalism French Canadians … individual liberalism + collective cultural identity Socioeconomic asymmetry Western provinces resent treatment as economic hinterlands Cultural differences – alignment with the US Lack of national party system Quebec [BQ], West [Reform…] Evolutionary rather than revolutionary Weak Senate => no effective provincial representation at the national level Constitutions v practices Ronald L. Watts, “The American Constitution in Comparative Perspective: A Comparison of Federalism in Canada and the United States” What are the key differences between the Canadian and US constitutions? Origins Purpose/motivation? British influence? Economic? Philosophical? Diversity? Constitutions v practices What are the key differences between the Canadian and US constitutions? Evolution Socioeconomic? Economic concentration? Institutional differences Parliamentary/presidential Different distribution/allocation of powers Number of constituent units Moderating factors