Fourth and Fifth Class Self - Rule.

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Presentation transcript:

Fourth and Fifth Class Self - Rule

Concepts of Distribution of Fourth Class: Concepts of Distribution of Powers

Basic Elements of Federalism Constitution Shared Rule Self Rule

Main Questions: Purpose of Distribution Who decides? Criteria‘s What is distributed Technique of Distribution Distribution to - Whom? - What entities? - Border- lines? Asymmetric Distribution

Who decides Constitution maker Federal Legislature Both Court (US, EU) Common Law: Family Law, Property Law, Contract, Criminal Law, Procedure, commercial law etc.

Purpose of Distribution and Criteria’s Purpose Criteria’s Principles Legitimacy Efficiency Subsidiary Principle Diversity Financial Capacity Democracy Need for Coordination Commerce Clause Justice Necessary and Proper Clause Need for a uniform solution Interest of the task limited to the region Closeness to local population

Fifth Class: What powers are Distributed?

What is distributed Branches of Government Financial Competences Governmental Tasks Constitution Making Foreign Policy Incl. Defence Income: Taxes, Grants, Bonds, Loans Legislation Individual / col- lective rights Execution Police Mineral Resource, Water etc. Public Services Judiciary Education, Cul- ture Common Law, Codi- fication Health, Environment Expenditures Economy and Development Spending Power Opting out local deviation Social Secu- ity Financial Equalisation Civil Law Common Law

Techniques of Distribution Concept Technique Bottom up Exclusive Parallel Top Down Concurrent Parallel Distribution General Clauses Supremacy Detailed Regulations