Second Class Self - Rule
Second Class Self Rule Distribution of Powers
Shared Rule Self Rule C o n s t i t u t i o n Basic Elements of Federalism
Main Questions: Purpose of Distribution Who decides? Concept and Technique of Distribution Criteria‘s What is distributed 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 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 Criteria’sPrinciples
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
Techniques of Distribution Exclusive Parallel Concurrent General Clauses Detailed Regulations Concept Technique Bottom up Top Down Parallel Distribution Supremacy