1. Federalism, regionalism and devolution
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Prof. Justin O. Frosini

2. 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

3. 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)

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

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

6. What are the differences between
FEDERAL SYSTEM
Constitution contains a list of subject matters which are of exclusive competence of the central government
The member States have their own judiciary system
REGIONAL SYSTEM
Constitution contains a list of subject matters which are of exclusive competence of Regions
Regions do not have their own judiciary system

7. 3.The second Chamber of Parliament does not represent sub-national entities
4. Regions do not take part in the constitutional amendment procedure
3. The second Chamber of Parliament is a “Chamber of the Regions”
4.Member States take part in the constitutional amendment procedure

8. One last difference could be
In federal systems :
member States have their own Constitutions
(e.g.: Constitution of Virginia, Constitution of Bavaria)
BUT
this is true only for systems whose federalizing process is a bottom-up process
(e.g: USA, Germany)

9. The problem of fiscal autonomy
NO TRUE FEDERALISM WITHOUT TAX RAISING POWERS?

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

11. 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

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

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