Sixth Class Shared Rule

Main Questions: Who governs whom Law making Judiciary Who decides who should govern whom Constitution making Procedure of decision making Main issue: Legitimacy Elections: Constituency, majoritarian, proportional

Legislatures Legislatures are the first of the governance institutions Others are: Head of States Executives Courts Legislatures exist in both federal & unitary states All are necessarily affected by federalism NB: need to consider both spheres

Competing Principles and Values: Legitimacy: Democracy (representation of the people overall) Federalism (representation of the people federally organised) Federalism versus Democracy or Democratic Fe- deralism? Effectiveness Capacity to do the job In a way that reflects the federal character of the polity

Dependencies Legislatures are affected by: Form of executive government Presidential Parliamentary Directory and Other Use of direct democracy Choice of electoral system Concept of federal division of power Jurisdiction of the Judiciary

Tasks of Federal Legislatures Make/approve law Role in constitutional change Authorise tax/expenditure/budgets Accountability role Treaty ratification? Role in executive/judicial appointments? Other specifically federal functions? Federal intervention; interstate compacts, grant distribution etc Constitutional Interpretation

What federal legislatures Don’t do Have final authority over all subjects of legislation Have final authority over the constituent units Preparation of Legislation Other federal limits on the manner in which they exercise their powers? Requirement of uniformity? Principle of federal comity?

Issues to design a federal legislature Competing values: Legitimacy – Effectiveness Democracy – Federalism Inclusiveness – Exclusion Equality of individuals – equality of Collectivities Compromise as asset or as weakness Justice versus winner takes all principle

Federal solutions: - Self rule - A bicameral legislature, A popular chamber, performing the traditional democratic role A federal chamber, performing a specifi- cally federal role Electoral system for the national chamber - Directorial system

Unitary Legislatures One Chamber – two chambers Electoral System Function of Second Chamber Decentralization and local legislation Decentralization and Implementation Minorities with regard to substantial interests

Forms of Federal Executives and Legislatures in Selected Federations

Federat ion Executive Legislature Head of Government Head Fe- deration Bicameral unic. Leg. Austr.CabinetPrime Mini.MonarchBicamer. AustriaCabinetChancellorEl. Presid.Bicamer. Belgi.CabinetPrime Mini.MonarchBicamer. CanadaCabinetPrime. Mini.MonarchBicamer. Germa.CabinetChancellorPres. El. Assembly Bicamer. Malays.CabinetPrime.Min.Sel. Her. rulers Bicamer. SpainCabinetPrime.Min.MonarchBicamer. CHFixed term Exec.Dire. Rot. Pres. Bicamer. USSep. Pres. Congress PresidentPres. Elected Bicamer.

Variations in Selection, Composition and Powers of Second Chambers S. Watts

SelectionCompositionPowersRole App. By Fed. Gov. CA Mal. 63% Seats Equal Regio. Repr. CA Absol Veto Mediation US, CH Legislature CH; US, AT AU MY App. By F.Gv. Nom. Provinc. Equ. St. Re. AU, US,CH Abs. Veto f. some Leg. Legis.; int. Gvt Rel ZA App. State Gov. GE 2 Cat. Of St. Repres. CH Susp. Veto time ES MY Interpret. Const. Ethi. Ind. El. State legis. AT IN MY Weighed. St. Repr. Four Categ. GE Susp.Veto GE Dir.El. Simpl. Plur. CH, US Weighed St. Repr. m. cat. IN, AT Deadlock: joint Sitting Dir. El. Prop. AUAd.repr.for other IN,MY Deadlock: Diss. Joint Sit. Choice left to Cantons CH Min. reg. repr. ES,BE Money Bill Sus Veto IN,My Mixed. BE.ES, MY Repr. Nation Ehtiop. Judic. Funct. Ethiop.

Executive Structure

Westminster System Head of State Cabinet Parliament Prime-min. People Intergovernmental Relationship

Switzerland: Cooperation Of powers US: Checks and Balances Fixed Term Government Two Cases:

Congress HouseSenat President Supreme Court USA Legislative sovereingty Executive sovereignty Judiciary sovereignty Checks and Balances

One Person One Vote Nation One Canton One Vote Federal Assembly National Council State Council Federal Council Lobbies Parties Challenge for all Institutions Conflict Management Education (semi-)direct democracy initiative - Referendum CH

Council Head of States States Council of Ministers Parliament Peoples Presi- dent Commission President Foreign Aff. European Union Constitutional Draft People of the Union?