Devolution
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Devolution is the
Devolution differs from
Australia
Australia is a federation. It has six states and two territories with less power than states.
The Australian Capital Territory refused self-government in a 1978 referendum, but was given limited self-government by a House of Assembly from 1979, and a Legislative Assembly with wider powers in 1988.
The
Territory legislation can be disallowed by the Commonwealth Parliament in Canberra, with one notable example being the NT's short-lived voluntary euthanasia legislation.
Canada
Although
Since the 1970s, the federal government has been transferring its decision-making powers to territorial governments. This means greater local control and accountability by northerners for decisions central to the future of the territories. In 1999, the federal government created Nunavut pursuant to a land claim agreement reached with Inuit, the indigenous people of Canada's Eastern Arctic. Since that time, the federal government has slowly devolved legislative jurisdiction to the territories. Enabling the territories to become more self-sufficient and prosperous and to play a stronger role in the Canadian federation is considered a key component to development in Canada's North. Among the three territories, devolution is most advanced in Yukon.
On June 18, 2021, the
Northwest Territories
The Northwest Territories (NWT) was governed from Ottawa from 1870 until the 1970s, except for the brief period between 1898 and 1905 when it was governed by an elected assembly. The Carrothers Commission was established in April 1963 by the government of Lester B. Pearson to examine the development of government in the NWT. It conducted surveys of opinion in the NWT in 1965 and 1966 and reported in 1966. Major recommendations included that the seat of government should be located in the territory. Yellowknife was selected as the territorial capital as a result. Transfer of many responsibilities from the federal government was recommended and carried out. This included responsibility for education, small business, public works, social services and local government. Since the report, the government of Northwest Territories has taken over responsibilities for several other programs and services including the delivery of health care, social services, education, administration of airports, and forestry management. The legislative jurisdiction of the territorial legislature is set out in section 16 of the Northwest Territories Act.
Now, the government of Canada is negotiating the transfer of the Department of Aboriginal Affairs and Northern Development's remaining provincial-type responsibilities in the NWT. These include the legislative powers, programs and responsibilities for land and resources associated with the department's Northern Affairs Program (NAP) with respect to:
- Powers to develop, conserve, manage, and regulate of surface and subsurface natural resources in the NWT for mining and minerals (including oil and gas) administration, water management, land management and environmental management;
- Powers to control and administer public land with the right to use, sell or otherwise dispose of such land; and
- Powers to levy and collect resource royalties and other revenues from natural resources.
The Government of the Northwest Territories, the Aboriginal Summit and the Government of Canada have each appointed a Chief Negotiator to work on devolution. A Framework Agreement was concluded in 2004. The target date for the completion of devolution talks for the NWT was March 2007. However, stumbling blocks associated with the transfer of current federal employees to the territorial government, and the unresolved issue of how much money the Northwest Territories will receive for its resources has delayed the conclusion of a devolution agreement for the NWT.
In 1966, the federal government established the
Both the NWT Legislative Assembly and the federal government accepted the idea of dividing the territory. The idea was viewed as an important step towards enabling the Inuit, and other residents of the Eastern Arctic, to take charge of their own destiny. There were some reservations, however. Before action could be taken, certain practical considerations had to be addressed. First of all, outstanding land claims had to be settled. Second, all parties had to agree on a new boundary. Finally, all parties had to agree on the division of powers between territorial, regional and local levels of government. The various governments and native groups worked closely together to realize these goals. The Nunavut Land Claims Agreement was ratified by the Inuit in November 1992, signed by the Prime Minister of Canada on May 25, 1993, and passed by the Canadian Parliament in June of the same year. It was the largest native land claim settlement in Canadian history. It gave the Inuit title over 350,000 square kilometres of land. It also gave the Inuit capital transfers from the federal government of over $1.1 billion over the next 14 years. This money will be held in trust with the interest to be used in a variety of different projects, including financing for regional businesses and scholarships for students. The Inuit also gained a share of resource royalties, hunting rights and a greater role in managing the land and protecting the environment. The land claims agreement also committed the Government of Canada to recommend to Parliament legislation to create a new territory in the eastern part of the Northwest Territories.
While negotiations on a land claims settlement progressed, work was also taking place to determine potential jurisdictional boundaries for a new Eastern Territory. A proposal was presented to all NWT voters in a May 1992 plebiscite. Of those voting, 54 percent supported the proposed boundary. The Government of the Northwest Territories, the Tungavik Federation of Nunavut (the Inuit claims organization) and the federal government formally adopted the boundary for division in the Nunavut Political Accord. The final piece of the equation fit into place on June 10, 1993, when the Nunavut Act received Royal Assent. It officially established the territory of Nunavut and provided a legal framework for its government. It fixed April 1, 1999, as the day on which the new territory would come into existence.
The government of
Devolution over natural resources to the government of Nunavut moved forward with the appointment of a Ministerial Representative for Nunavut Devolution. The Representative has held meetings with interested parties including the Boards established under the Nunavut Land Claims Agreement (NLCA), territorial and federal government departments in order to determine if devolution will occur and if so the future mandate of devolution. The government of Nunavut and Nunavut Tunngavik have appointed negotiators.
Yukon
In 1896, prospectors discovered gold in
Over time the territorial government exercised expanded functions. Relevant developments include the following:
- By the mid-1960s, schools, public works, welfare, and various other matters of a local nature had come under territorial administration.
- Increased authority of elected Council members over the ensuing period contributed to significant changes in the Yukon Commissioner's role. In 1979, instructions from the Minister of Indian Affairs and Northern Development(Minister) directed the Commissioner to allow elected members and the Executive Council to make important policy decisions, specifying that his/her actions should normally be based on the advice and taken with the consent of the elected Executive Council.
- As in the Northwest Territories, federal responsibilities were transferred to the Yukon government in the 1980s. In 1988 the Minister and the Yukon Government Leader signed a Memorandum of Understandingcommitting the parties to smooth the progress of devolution of remaining province-like responsibilities to the Yukon Government. Responsibilities transferred since then include fisheries, mine safety, intra-territorial roads, hospitals and community-health care, oil-and-gas and, most recently, natural resources.
- Discussion to transfer land- and resource-management responsibilities to the Yukon Government began in 1996, followed by a formal federal devolution proposal to the Yukon Government in January 1997. In September 1998 a Devolution Protocol Accord to guide devolution negotiations was signed. On August 28, 2001, a final draft of the Devolution Transfer Agreement was completed for consideration. The Yukon Devolution transfer Agreement was concluded on October 29, 2001, with the Government of Canada enabling the transfer of remaining province-like responsibilities for land, water and resource management to the Government of Yukon on April 1, 2003.
Mexico
The Federal District
All constituent
In the 1980s, the citizens of the Federal District, being the most populated federal entity in Mexico, began to demand home rule: a devolution of autonomy in order to directly elect their head of government and to set up a Legislative Assembly. In 1987, an Assembly of Representatives was created, by constitutional decree, whose members were elected by popular vote. The devolution of the executive power was not granted until 1997 when the first
The autonomy, or home rule, of the Federal District, was granted by the federal government, which in principle has the right to remove it. The president of Mexico still holds the final word in some decisions (e.g. he must approve some posts), and the
Some left-wing groups and political parties have advocated, since the 1980s, for a full devolution of powers by transforming the Federal District into the thirty-second constituent state of the Federation (with the proposed name of "State of the Valley of Mexico", to be distinguished from the
Indigenous peoples
In a recent amendment to the Constitution of Mexico, the country was defined as a "pluricultural nation" founded upon the "indigenous peoples".[10] They are granted "free-determination" to choose the social, economic, cultural and political organization for which they are to elect representatives democratically in whatever manner they see fit, traditionally or otherwise, as long as women have the same opportunities to participate in their social and political life. There are, however, no prescribed limits to their territories, and they are still under the jurisdiction of the municipalities and states in which they are located; the indigenous peoples can elect representatives before the municipal councils. In practice, they are allowed to have an autonomous form of self-government, but they are still subject to the rights and responsibilities set forth by the federal constitution and the constitution of the states in which they are located.[11]
France
In the late 1980s a process of
There also are groups calling for devolution or full independence for Occitania, the Basque Country, Corsica, Alsace, and Brittany.
Spain
The
Under the "system of autonomies" (Spanish: Estado de las Autonomías), Spain has been quoted to be "remarkable for the extent of the powers peacefully devolved over the past 30 years"[13] and "an extraordinarily decentralised country", with the central government accounting for just 18% of public spending; the regional governments 38%, the local councils 13% and the social-security system the rest.[14]
In 2010 the Constitutional Court had ruled that non-binding referendums could be held and subsequently several municipalities held such referendums.[citation needed]
On December 12, 2013, the
United Kingdom
In the
A referendum was held in Scotland on 18 September 2014 which asked citizens whether Scotland should be an independent country.
The Yorkshire Party is a regionalist political party in Yorkshire, a historic county of England. Founded in 2014, it campaigns for the establishment of a devolved Yorkshire Assembly within the UK, with powers over education, environment, transport and housing.[24] In the 2021 West Yorkshire mayoral election, the Yorkshire Party came 3rd, ahead of major parties.[citation needed]
United States
In the United States the federal government and state governments are sovereign. As Native American tribes and the governments they formed pre-date the formation of the United States, their legal position as sovereigns co-exists alongside the individual states and the Federal government. The legal relationships with Native American tribes and their government structures are the jurisdiction of Congress. This relationship is unique to each of the more than 500 tribes and also involves International Treaties between various tribes and Spain, Great Britain, and the eventual United States. Territories are under the direct jurisdiction of Congress. Territorial governments are thus devolved by acts of Congress. Political subdivisions of a state, such as a county or municipality, are a type of devolved government and are defined by individual state constitutions and laws.
District of Columbia
In the United States, the
List of unitary states with devolution
Year | State | Government type | Subdivisions article | Main regional units | Other regional units |
---|---|---|---|---|---|
1995 | Azerbaijan | Presidential republic | Administrative divisions of Azerbaijan | 10 autonomous regions, 66 rayons and 77 cities | Autonomous republic: Nakhchivan |
2009 | Bolivia | Constitutional republic | Departments of Bolivia | 9 departments | |
1980 | Chile | Republic | Regions of Chile | 15 regions | |
1949 | China | Socialist republic | Administrative divisions of China | 22 provinces (Taiwan is claimed as the 23rd province), 5 autonomous regions and 4 municipalities | 2 special administrative regions: |
1991 | Colombia | Republic | Departments of Colombia | 32 departments | 1 Capital District, Bogotá, has the same autonomy and privileges as Colombian Departments. |
1992 | Czech Republic | Republic | Regions of the Czech Republic | 13 regions (kraje) | 1 Capital District, Prague, has the same autonomy and privileges as Czech regions. |
1849 | Denmark | Constitutional monarchy | Regions of Denmark | 5 regions and 98 communes | Two autonomous territories: |
1919 | Finland | Republic | Regions of Finland | 19 regions | Åland |
1982 | France | Republic | Regions of France | 18 regions | |
1991 | Georgia | Republic | Administrative divisions of Georgia | 9 regions (one of them declared de facto independence: Abkhazia (1999)), 1 city, and 2 autonomous republics (one of them also declared de facto independence: South Ossetia (2006)) | Two regions |
1975 | Greece | Republic | Administrative divisions of Greece | 13 regions | Mount Athos |
1950 | Indonesia | Republic | Provinces of Indonesia | 38 provinces which 9 have special status | Provinces with special status:
|
1946 | Italy | Republic | Regions of Italy | 20 regions, of which 5 have a special degree of autonomy | Two autonomous provinces |
1947 | Japan | Constitutional monarchy | Prefectures of Japan | 47 prefectures | |
1964 | Kenya | Presidential republic | Counties of Kenya | 47 counties based on 47 districts, with 47 elected governors, recognized by 2010 Constitution[25][26] | |
1991 | Moldova | Republic | Administrative divisions of Moldova | 32 districts and 3 municipalities | Two provinces:
|
1989 | Myanmar | Constitutional Republic | Administrative divisions of Myanmar | 7 states and 7 divisions | De facto autonomous state: Wa State |
1954 | Netherlands | Constitutional monarchy | Provinces of the Netherlands | 12 provinces and 3 Caribbean public bodies
|
Minor constituent countries |
1986 | New Zealand | Commonwealth realm | Regions of New Zealand | 16 regions | Two territories in free association:
Two dependencies: |
1986 | Nicaragua | Republic | Departments of Nicaragua | 15 departments | Two autonomous regions:
|
1975 | Papua New Guinea | Commonwealth realm | Provinces of Papua New Guinea
|
20 provinces | 1 capital territory:
1 autonomous region:
|
1993 | Peru | Republic | Regions of Peru | 25 regions | 1 province at the first order: |
1987 | Philippines | Republic | Administrative divisions of the Philippines | 17 regions (including BARMM), 82 provinces, 144 cities, 1,491 municipalities, and 42,028 barangays | Bangsamoro Autonomous Region in Muslim Mindanao |
1976 | Portugal | Republic | Administrative divisions of Portugal | 308 municipalities | 2 Autonomous Regions: |
2006 | Serbia | Republic | Administrative divisions of Serbia | 138 municipalities and 23 cities | |
1978 | Solomon Islands | Commonwealth realm | Provinces of the Solomon Islands
|
9 provinces | 1 capital territory: |
1996 | South Africa | Republic | Provinces of South Africa | 9 provinces | |
1948 | South Korea | Republic | Administrative divisions of South Korea | 8 provinces and 6 cities | One special city, one special self-governing city and one special self-governing province |
1978 | Spain | Constitutional monarchy | Autonomous communities of Spain (nationalities and regions of Spain) |
17 autonomous communities of which 2 have a special degree of tax raising autonomy | 2 autonomous cities: |
1987 | Sri Lanka | Republic | Provinces of Sri Lanka | 9 provinces | |
1992[27] | Sweden | Constitutional monarchy | Regions of Sweden, Municipalities of Sweden | 21 regions and 290 municipalities[28][29] | |
1950 | Taiwan | Republic | Administrative divisions of Taiwan | 22 subdivisions | |
1992 | Tajikistan | Republic | Provinces of Tajikistan
|
2 provinces, 1 autonomous province (Gorno-Badakhshan) and a zone of direct central rule (Districts of Republican Subordination). | 1 autonomous city |
1977 | Tanzania | Republic | Regions of Tanzania | 30 regions | Zanzibar |
1976 | Trinidad and Tobago | Republic | Regions and municipalities of Trinidad and Tobago | 9 regions and 5 municipalities | Tobago |
1996 | Ukraine | Republic | Administrative divisions of Ukraine | 24 oblasts (provinces) and one autonomous republic | Crimea |
1998[30] 1999[31] |
United Kingdom | Commonwealth realm | Countries of the United Kingdom (Home Nations) |
4 constituent countries, of which 3 have devolved governments | Crown dependencies
|
1991 | Uzbekistan | Republic | Provinces of Uzbekistan
|
9 provinces and one independent city | Qaraqalpaqstan
|
See also
- Decentralization – Organizational theory
- Federalism – Political concept
- Federalism in China – Political philosophy
- Tiao-kuai – Quasi-federal administration in China.
- Home rule – Governance of a colony, dependent country, locality, or region by its own citizens
- Principle of conferral – EU acts at the behest of its members
- Royal Commission on the Constitution (United Kingdom) – UK enquiry 1969–1973
- Scotland Act 2012 – UK Act to increase Scottish devolution
- States and Territories of Australia– First-level administrative subdivisions of Australia
- Subsidiarity – Principle of social organization
- Territories of the United States
- West Lothian question – UK constitutional anomaly
Notes
- ^ "What is devolution?". BBC Academy. Retrieved 2019-02-22.
- ^ "Devolution: A beginner's guide". 2010-04-29. Retrieved 2019-02-22.
- ^ "Devolution: what is it and what powers would cities get?". Channel 4 News. 14 May 2015. Retrieved 2019-02-22.
- ^ "Devolution, federalism and a new constitution for the UK". Public Law for Everyone. 2014-01-08. Retrieved 2019-02-22.
- ^ Jolene Grimes (2021-06-18). "Nunatsiavut to Self-Govern Child Welfare Services in Labrador Inuit Communities". VOCM. Retrieved 2022-02-28.
- ^ "Nunatsiavut Government planning to take over child-welfare system for Labrador Inuit | SaltWire".
- ^ NTV News (2021-06-18). "Nunatsiavut Government planning to take control of child welfare services". ntv.ca. Archived from the original on 2022-07-02. Retrieved 2022-02-28.
- ^ "Article 44, Political Constitution of the United Mexican States, Second Title, Second Chapter, 44th article". Archived from the original on 2007-09-28. Retrieved 2007-08-01.
- ^ "Código Financiero del Distrito Federal" (PDF). Archived from the original (PDF) on 2007-08-08. Retrieved 2007-08-01.
- ^ "Second Article of the Political Constitution of the United Mexican States". Archived from the original on August 11, 2007.
- ^ Affairs, Executive and Indigenous. "Aboriginal Peoples and Devolution". www.eia.gov.nt.ca. Retrieved 2019-02-22.
- ^ Game, Chris (2016-06-06). "Look to French in great devolution battle". birminghampost. Retrieved 2019-02-22.
- ^ Mallet, Victor (18 August 2010). "Flimsier footings". Financial Times. Archived from the original on 2022-12-10. Retrieved 25 August 2010.(registration required)
- ^ "A survey of Spain: How much is enough?". The Economist. 6 November 2008. Retrieved 25 August 2010.(subscription required)
- ^ "Spain to block Catalonia independence referendum". BBC News. 2013-12-12. Retrieved 2017-01-29.
- ^ "Catalonia region profile". BBC News. June 11, 2018.
- ^ "Salmond calls for independence referendum in 2014". BBC News. 10 January 2012. Retrieved 30 June 2014.
- ^ "Scotland votes no to independence". BBC News – Scotland decides. BBC. September 19, 2014. Retrieved September 19, 2014.
- ^ "Scottish independence: Cameron, Miliband and Clegg sign devolution". The Independent. 2014-09-16. Retrieved 2017-01-13.
- ^ "Scottish Referendum David Cameron Devolution Revolution". The Guardian. 19 September 2014. Retrieved 19 September 2014.
- ^ "Scotland Act 2016". legislation.gov.uk. 2016. Retrieved 11 June 2016.
- ^ Taylor, Brian (2016-07-09). "Growing calls for federal UK in wake of Brexit vote". BBC News. Retrieved 2017-01-13.
- ISSN 0261-3077. Retrieved 2017-01-13.
- ^ "Devolution". Yorkshire Party. Retrieved 27 April 2019.
- ^ Constitutions of Kenya Archived 2018-09-09 at the Wayback Machine website.
- ^ "Kenya's Devolution". World Bank Group. Retrieved 5 January 2016.
- ^ "Kommunallag (1991:900)" [Municipal Law (1991:900)]. Ministry of Finance (Sweden) (in Swedish). Government of Sweden. 1 January 2015 [13 June 1991]. Retrieved 7 November 2022.
- ^ Kullander, Björn (9 June 2021). "Regioner, lista" [Regions, list] (in Swedish). Swedish Association of Local Authorities and Regions. Retrieved 7 November 2022.
- ^ "Municipalities in alphabetical order 2022-01-01" (PDF). Statistics Sweden. 1 January 2022. Retrieved 7 November 2022.
- ^ Northern Ireland.
- ^ Scotland and Wales.