Decentralization Faculty Of Law- Constitutional Law

Decentralization as a Broad Concept Quite often, the term decentralization is applied to describe legal and political structures that distribute power territorially within a state. Understood in this broad sense, the notion of decentralization encompasses confederations, federations and decentralized unitary states, since all of these systems, in one way or the other, distribute governmental powers over at least two levels. Faculty Of Law- Constitutional Law

Administrative Decentralization In a narrower sense, the term "decentralization" describes a form of administration within a unitary state. Using the term "decentralized state," a person may refer to a federal system, with the broad concept of that term in mind, at the same time another person might think rather of the administrative structure within a unitary state. Whenever the term "decentralization" is applied in this manual, it is used in the narrow sense. Faculty Of Law- Constitutional Law

Decentralization in Unitary States Faculty Of Law- Constitutional Law

Decentralization in Federal States To fully grasp the idea of power sharing in a federal state one has to look at both dimensions of power sharing (vertical and horizontal) and at their interplay. As already pointed out above, both dimensions of power sharing pursue the same objective, namely to prevent a concentration of power that can lead to arbitrariness, tyranny, loss of individual freedom or inefficient government. Faculty Of Law- Constitutional Law

Decentralization in Federal States Faculty Of Law- Constitutional Law

Distribution of Legislative Powers between Federal and State Level Faculty Of Law- Constitutional Law

Distribution of Executive Powers between Federal and State Level Faculty Of Law- Constitutional Law

Distribution of Judicial Powers in a Federal System Faculty Of Law- Constitutional Law

Participation of States on the Federal Level Faculty Of Law- Constitutional Law

State Competences with Regard to the Amendment of the Federal Constitution It is a core element of federal systems that neither level of government can unilaterally alter the competences of the other one. The allocation of competences in a federal system is usually enshrined in the national constitution. Consequently, in all federal countries, the states (sub units) must have a say if the constitution is to be amended in a way that affects their competences. States (sub units) either get involved through the consent of a governmental body at the state level (i.e. The parliament of the respective sub unit) or through their representative body at the national level, the second federal chamber. Faculty Of Law- Constitutional Law

Solution of Conflicts in Federal Systems In a federation, there is always a certain degree of intergovernmental competition and controversy between the different levels of government. Differences of opinion may arise as regards the exact scope of powers that the constitution assigns to each level. The institution to decide such disputes finally is usually the highest court of the country. Two types of courts for ultimate constitutional jurisdiction may be found in federations: one is a supreme court serving as the final adjudicator in relation to all laws including the constitution. Examples are the supreme courts of the USA, canada, australia, india, pakistan. The other is a constitutional court, specialized in constitutional interpretation, which is a the approach followed in germany, austria, Russia.. Faculty Of Law- Constitutional Law

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