Master course Compound System of Governance Thomas Fleiner Guestprofessor Constitutional models and problems of distribution of powers in compound systems.

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Presentation transcript:

Master course Compound System of Governance Thomas Fleiner Guestprofessor Constitutional models and problems of distribution of powers in compound systems of governance Tuesday November 3, 2011 Distribution of Powers

Shared Rule Self Rule C o n s t i t u t i o n Basic Elements of Federalism

Problems: Solidarity e.g. Belgium, UK, Italy Globalization – Intergovernmental Relationship Welfare State, New Deal USA Federal Spending power Common Law Continental Law Foreign investment Competition Human Rights – Right to be equal Devolution without shared Rule GB Wars; Terrorism Globalization Localization Intergovernmental Relations Cooperative Federalism Asymmetry Threats of Secession Financial Discipline

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

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

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

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

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