Types of Government 28 March 2011

Types of Government Types of Government Unitary type of government Federal type of government

Federalism Federalism refers to a broad category of political systems in which, by contrast with the single central source of political and legal authority in unitary systems, there are two or more constitutionally established orders of government, each directly elected, and each order having some autonomy from the other in terms of the powers assigned to it. The e system combines elements of shared rule (collaborative partnership) through a common government and regional self-rule (constituent unit autonomy) for the governments of the constituent units.

Federal types of government The federal government, is a system of government in which powers are divided and distributed between the central government and the government of political divisions. Both sets of governments exercise powers granted to them by the constitution and are within a sphere, coordinate and independent, that is both are free and autonomous under the constitution. A federal government may be named in different ways such as national government in South Africa, Commonwealth government in Australia, Union government in India, and federal government in the United States of America.

Federal government Prof. Dicey says the essential difference between a federation and a unitary system of government is that while in a unitary system all the powers are vested in the hands of one authority; there is a division of powers in a federation. In federal system, there is dual government (central and provincial) and may also be dual citizenship and dual constitution like USA. In federal government the powers are divided between the federal government and the units and each is independent in its own affairs.

Condition necessary for federation There must be strong desire to have a union; the will to have a union is the basis of federation. The component units of federation must be inspired and bound together by common ties of national affinity and sentiment. Another necessary condition is that the units joining the federation must be comparatively equals as regarded area and population. The federal system in Germany failed because the population of Prussia was three-fourths of the whole Germany and its areas was two-thirds of the total area of Germany.

In addition The federating units must possess adequate economic resources (Sudan case) and must also be equal distribution of resources. Common historical traditions, common language and literature and common relations also facilitate the establishment of a federal system. Federal government requires a basis of political competence and general education among the people, because there is a dual polity in a federal system and the people are required to take care not only of their own state but also of the federal government.

Essentials of a Federal State Every federal government or state must have a written constitution and also accept supremacy of the constitution. In every federal system, there must be a division of powers between the federal government and units. Distribution of power should be justifiable to sustain and operate both central and state government efficiently. Another essential feature of federal government is the authority of the federal courts to declare ultra vires and invalid the laws passed by the legislature. This is obviously due to the fact that both the units and federal government must work within their allotted spheres and must not go beyond such authority.

Merits of Federation: A federal system is an admirable device by which national unity can be harmonized with local autonomy. A federal system is based on the principle of devolution and division of powers. There is every possibility of great efficiency in administration.

Demerits of Federation There is always the possibility of mutual conflicts between units and the federation. In a federal system, there is always the danger of secession of units from the federal government. As the units enjoy autonomy, there can develop a spirit of independence and that can ultimately result in a revolt against the federal government. A federal government is more expensive than unitary government. Secession: The act of withdrawing from an organization, union, or political entity. It usually refers to the creation of a new independent state from a larger one.

Powers in Federal Structure The right, ability or authority to perform an act. It also refers to legal capacity to do something; for example, legislative power means power to make laws.

Asymmetric and Symmetric powers Concurrent Powers Power in Federal State Asymmetric and Symmetric powers Concurrent Powers Enumerated/listed Powers Residual Powers

Asymmetric and Symmetric Federalism Asymmetric: A type of federalism where constituent units have different sets of rights and obligations which are not necessarily equal. It refers particularly to some constituent units having more powers than other constituent units and this may be done constitutionally or through ordinary laws. Symmetric: A type of federalism where all constituent units hold equal powers and facilities under the federal constitution.

Concurrent Powers Powers that are shared by federal and constituent governments under a federal constitution. Where laws in an area of concurrency conflict, the federal law is normally paramount. For example, education and health are areas where union government and state governments in India hold concurrent powers.

Enumerated/listed Powers The powers for specific areas of law making that are explicitly assigned to one or more levels of government in a federation. These are distinct from residual powers which are for areas that are not specified but are typically assigned to just one order of government. For example, the federal level of government in the United States of America has only enumerated powers, specifically granted to it in the Constitution, while the states have residual powers.

Residual Powers Those unidentified powers that are left by a federal constitution either implicitly or explicitly to a particular order of government in contrast to explicitly assigned enumerated powers. In the United States such powers are reserved to the people or to the state.

Constituent Unit Constitutionally recognized member units of a federation which may be labeled states, provinces, cantons, Länder, etc. In a federation the constitution divides sovereign power between a federal authority and the constituent units.

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