Federalism, regionalism and devolution

How can one distinguish between a UNITARY system and a DECENTRALIZED system? In Sub-national entities also have legislative power UNITARY Only central government has legislative power

Federalism, regionalism and devolution are all forms of territorial organization Vertical separation of powers between central government (central State, federation) and subnational entities (States, regions, provinces, Laender, Comunidades Autónomas)

FEDERALIZING PROCESS Conventionally: BOTTOM-UP PROCESS E.g.:USA, Germany FEDERAL STATE

BUT… In recent years: TOP-DOWN PROCESS E.g.: Belgium UNITARY STATE FEDERAL STATE

DEVOLUTION OF POWERS Delegation of powers Scotland Act 1998 Government of Wales Act 1998 Northern Ireland Act 1998

LEGISLATIVE ACTS TO BE REMEMBERED Scotland Act 1998 Residual legislative power is attributed to the Scottish Parliament on the lines of a federal system Government of Wales Act 1998 Only administrative powers are devolved to the Welsh Assembly

Asymmetrical devolution in the UK Functional or competencial asymmetry: Scottish Parliament exerts legislative powers while the Welsh Assembly only exerts administrative or executive powers

(United Kingdom Parliament) Structural Asymmetry WESTMINSTER (United Kingdom Parliament) Scottish Parliament Welsh Assembly Northern Ireland Parliament English Parliament? LOCAL AUTHORITIES

Definitions Unitary State: A state in which sovereignty is concentrated at the level of a single centralized government. Unitary states may be centralized, decentralized or regionalized. The classic example is France. Unitary states may have relatively strong regional governments, but that should not be confused with federalism.

Definitions Federal State: A state where sovereignty is shared across several levels of government in which one level may not intervene in defined areas of competence of the other. Key points: neither level is subordinate to the other, each has some genuine autonomy, neither level can unilaterally abolish the other.

Spectrum of unitary and federal states

Federations Six of the ten most populous countries are federations. Eight of the ten largest countries by area are federations. All democracies with populations much larger than 100 million people are federations. 28 countries, home to 40% of the world’s population, may be considered federations. Source: Anderson, George. 2008. Federalism: An Introduction. Don Mills: Oxford UP.

Existing [and tenuously Emerging] Federations Argentina Australia Austria Belgium [Bosnia-Herzegovina] Brazil Canada Comoros [Democratic Republic of Congo] [Ethiopia] Germany India [Iraq] Malaysia Mexico Micronesia Nigeria Pakistan Palau Russia St. Kitts and Nevis South Africa Spain [Sudan] Switzerland United Arab Emirates USA Venezuela Source: (Anderson, 2008)

Confederations: Examples Historic Switzerland (for most of the period 1291-1847) USA (1776-1789) Current Benelux Caribbean Community (CARICOM) Commonwealth of Independent States European Union

Devolution In 1999, the United Kingdom devolved powers to the Scottish Parliament, and to a lesser extent, to Wales and Northern Ireland. This has meant the UK has evolved toward a federal political system (though it should not be considered a federation).

History of Federalism Origins of federations Federations have emerged through the combination (or coming together) of previously separate entities. Federations have emerged through a process of devolution of powers. In some cases, both developments have occurred.

History of Federalism Historical Precursors and Influences Native Confederacies of North America Swiss Confederation 1291-1847 United Provinces of the Netherlands Modern Federations USA 1780s Switzerland 1848 Canada 1867 North German Federation 1867, expanded in 1871 to include south German states. Australia 1901 19th – early 20th century: Argentina, Brazil, Mexico, Venezuela

Historic waves of federalism First wave, from late 18th to early 20th century, with the creation of new countries through the coming together of polities. Second, emergence of post-colonial federations, with both successes and failures. Third, new federations emerging from collapse of Soviet Union and Eastern bloc, with successes and failures. During the same time period, some unitary states moved toward federalism. Fourth, most tenuous has been the use of federalism in post-conflict situations. Along with Iraq, the Democratic Republic of Congo, Ethiopia and Sudan, federal proposals have been suggested for Cyprus, Sri Lanka and Nepal. An additional important development is the increasing federalization of the European Union, which is somewhere between a confederation and a federation.

Details of Federal Political Systems constituent units Federations and diversity Institutional features of federalism

Constituent Units within Federations The terminology applied to constituent units varies; states (Australia, Brazil, Ethiopia, India, Malaysia, Mexico, Nigeria, USA) provinces (Argentina, Canada, Pakistan, South Africa), Länder (Germany and Austria), cantons (Switzerland), regions and communities (Belgium) autonomous communities (Spain). Russia has regions, republics, autonomous areas, territories, and cities of federal significance.

Constituent Units within Federations Existing federations have as few as 2 units or more than 80. Russia has 86 units. USA has 50 states. Nigeria has 36 states. India has 28 states. Belgium has 3 regions and 3 cultural communities. St. Kitts and Nevis consists of 2 islands. Bosnia-Herzegovina has 2 entities. Comoros consists of 3 islands.

Federations and Diversity Some federations have a largely homogenous culture and common language. They may have regional differences, but federalism is not structured around major ethnic, linguistic or religious cleavages. Examples: Argentina, Austria, Australia, Brazil, Germany, Mexico, USA

Federations and Diversity Some federations are comprised of highly distinct cultural, religious, linguistic or national communities. Some federations have a linguistic, ethnic or cultural majority but with one large minority (Belgium, Canada) or several smaller minorities (Spain, Russia). Some federations have a wider range of languages, religions, and nationalities (Ethiopia, India, Nigeria). In some cases ethnic, linguistic and religious cleavages cut across one another (Switzerland) which can help reduce social polarization.

Federations that have Separated Yugoslavia Czechoslovakia (1920-1992): split into Czech Republic and Slovakia Pakistan (1947-1971): split into Pakistan (which remains a federation) and Bangladesh

Institutional Features of Federalism A formal division of powers between levels of government. A written constitution that may not be unilaterally amended. Instead it requires consent of a significant proportion of constituent units to be amended. Intra-state federalism: a federal legislative body (bicameralism) Inter-state federalism: mechanisms of intergovernmental cooperation or coordination An umpire (usually the courts) to rule on disputes between governments

Division of Powers The division of powers can be fairly distinct (USA) or involve many shared powers (Germany). Federations can be centralized or decentralized. They may certainly evolve over time, the USA and Australia were intended to be decentralized federations, but became more centralized. The opposite occurred in Canada.

Intra-State Federalism Bicameralism: Most federations have two legislative bodies within the central government. Usually the upper house in a federation is designed to accommodate the constituent units.

Intra-State Federalism Upper houses in federations: In some cases, all constituent units receive equal representation. Argentina, Australia, Brazil, Nigeria, Mexico, Russia, South Africa, USA In other cases, the number of representatives per constituent unit varies. Austria, Belgium, Canada, Ethiopia, Germany, India

Intra-State Federalism Upper houses in federations: In some cases, representatives are directly elected by the public from constituent units, including the American (since 1913) and Australian Senates. A variety of other options exist, however. Representatives in the upper house may be delegated or selected by state or provincial legislatures (Germany, Austria, India, 38% of the Malaysian Senate). They may even be appointed by the federal government (Canada, 63% of Malaysian Senate). Belgium and Spain also have Senators selected through a combination of methods.