Federation
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A federation (also a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a federal government (federalism). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is constitutionally entrenched and may not be altered by a unilateral decision, neither by the component states nor the federal political body.[citation needed]
Alternatively, a federation is a form of government in which sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs.[1]
It is often argued that federal states where the central government has overriding powers are not truly federal states. For example, such overriding powers may include: the constitutional authority to suspend a constituent state's government by invoking gross mismanagement or civil unrest, or to adopt national legislation that overrides or infringes on the constituent states' powers by invoking the central government's constitutional authority to ensure "peace and good government" or to implement obligations contracted under an international treaty.[citation needed]
The governmental or constitutional structure found in a federation is considered to be federalist, or to be an example of federalism. It can be considered the opposite of another system, the unitary state. France and Japan, for example, have been unitary for many centuries. The
History
Several ancient chiefdoms and kingdoms, such as the 4th-century-BCE
Several colonies and dominions in the
are also federations.Founded in 1922, the
India, Pakistan, Nigeria and Malaysia (then Federation of Malaya) became federations on or shortly before becoming independent from the British Empire.
In some recent cases, federations have been instituted as a measure to handle ethnic conflict within a state, such as Bosnia and Herzegovina, and Iraq since 2005 as well as Somalia since 2012
With the
Currently, or as of 2023, there are 27 federations or federal countries.[citation needed]
Federations and other forms of state
Federations
The component states are in some sense sovereign, insofar as certain powers are reserved to them that may not be exercised by the central government. However, a federation is more than a mere loose alliance of independent states. The component states of a federation usually possess no powers in relation to foreign policy and so enjoy no independent status under international law. However, German Länder have that power,[2] which is beginning to be exercised on a European level.
Some federations are called
A federation often emerges from an initial agreement between several separate states. The purpose can be the will to solve mutual problems and to provide for mutual defense or to create a
Seven of the top eight
Unitary states
A unitary state is sometimes one with only a single, centralized, national tier of government. However, unitary states often also include one or more self-governing regions. The difference between a federation and this kind of unitary state is that in a unitary state the autonomous status of self-governing regions exists by the sufferance of the central government, and may be unilaterally revoked. While it is common for a federation to be brought into being by agreement between a number of formally independent states, in a unitary state self-governing regions are often created through a process of devolution, where a formerly centralized state agrees to grant autonomy to a region that was previously entirely subordinate. Thus, federations are often established voluntarily from "below" whereas devolution grants self-government from "above".
Confederation
A confederation, in modern political terms, is usually limited to a permanent union of sovereign states for common action in relation to other states.[4] The closest entity in the world to a confederation at this time is the European Union. While the word confederation was officially used when the Canadian federal system was established in 1867, the term refers only to the process and not the resulting state since Canadian provinces are not sovereign and do not claim to be. In the case of Switzerland, while the country is still known officially as the Swiss Confederation, this is now a misnomer since the Swiss cantons lost their sovereign status in 1848.[5]
In Belgium, however, the opposite movement is underway.[6] Belgium was founded as a centralized state, after the French model, but has gradually been reformed into a federal state by consecutive constitutional reforms since the 1970s. Moreover, although nominally called a federal state, the country's structure already has a number of confederational traits. At present, there is a growing movement to transform the existing federal state into a looser confederation with two or three constitutive states and/or two special regions.[7]
A confederation is most likely to feature three differences when contrasted with a federation: (1) No real direct powers: many confederal decisions are externalized by member-state legislation; (2) Decisions on day-to-day-matters are not taken by simple majority but by special majorities or even by consensus or unanimity (veto for every member); (3) Changes of the constitution, usually a treaty, require unanimity.
Over time these terms acquired distinct connotations leading to the present difference in definition. An example of this is the United States under the Articles of Confederation. The Articles established a national government under what today would be defined as a federal system (albeit with a comparatively weaker federal government). However, Canadians, designed with a stronger central government than the US in the wake of the Civil War of the latter, use the term "Confederation" to refer to the formation or joining, not the structure, of Canada. Legal reforms, court rulings, and political compromises have decentralized Canada in practice since its formation in 1867.
Empire
An
Comparison with other systems of autonomy
Federacy
A
Devolution
A federation differs from a devolved state, such as Indonesia and the United Kingdom, because, in a devolved state, the central government can revoke the independence of the subunits (Scottish Parliament, the Senedd and the Northern Ireland Assembly in the case of the United Kingdom) without changing the constitution. In some cases, such as the autonomous communities of Spain, devolution has led to federation in all but name, or "federation without federalism".[9]
Crown dependencies
The relation between the
Dependent territories
De facto federations
The distinction between a federation and a unitary state is often quite ambiguous. A unitary state may closely resemble a federation in structure and, while a central government may possess the theoretical right to revoke the autonomy of a self-governing region, it may be politically difficult for it to do so in practice. The self-governing regions of some unitary states also often enjoy greater autonomy than those of some federations. For these reasons, it is sometimes argued that some modern unitary states are de facto federations.[10]
De facto federations, or quasi-federations, are often termed "regional states".
Spain
South Africa
Although South Africa bears some elements of a federal system, such as the allocation of certain powers to provinces, some nevertheless argue that it is functionally a unitary state.[17] On the other hand, if federation is defined as the constitutional entrenchment of the powers of subcentral units (provinces, etc.) that is not unilaterally changeable or revocable by the central authority, South Africa does qualify, formally, as a federal state.[18]
European Union
This section possibly contains original research. (March 2017) |
Parts of this article (those related to the three pillars) need to be updated.(June 2011) |
The European Union (EU) is a sui generis political union or confederation (the assemblage of societies or an association of two or more states into one state).[19] Robert Schuman, the initiator of the European Community system, wrote that a transnational Community like the founding of the European Coal and Steel Community lay midway between an association of States where they retained complete independence and a federation leading to a fusion of States in a super-state.[20] The Founding Fathers of the European Union wrote the Europe Declaration (Charter of the Community) at the time of the signing of the Treaty of Paris on 18 April 1951 saying that Europe should be organized on a transnational foundation. They envisaged a structure quite different from a federation called the European Political Community.[citation needed]
The EU is a three-pillar structure of the original supranational
By the signature of this Treaty, the participating Parties give proof of their determination to create the first supranational institution and that thus they are laying the true foundation of an organized Europe. This Europe remains open to all nations. We profoundly hope that other nations will join us in our common endeavor.
— Europe Declaration, signed by Konrad Adenauer (West Germany), Paul van Zeeland, Joseph Meurice (Belgium) Robert Schuman (France) Count Sforza (Italy) Joseph Bech (Luxembourg) and Dirk Stikker, J. R. M. van den Brink (The Netherlands).[22]
Europe has charted its own brand of constitutional federalism.
— European Constitutionalism Beyond the State. Edited with Marlene Wind (Cambridge Univ. Press, 2003) page 23, Joseph H. H. Weiler
Those uncomfortable using the "F" word in the EU context should feel free to refer to it as a quasi-federal or federal-like system. Nevertheless, for the purposes of the analysis here, the EU has the necessary attributes of a federal system. It is striking that while many scholars of the EU continue to resist analyzing it as a federation, most contemporary students of federalism view the EU as a federal system. (See, for instance, Bednar, Filippov et al., McKay, Kelemen, Defigueido and Weingast)
A more nuanced view has been given by the German Constitutional Court.[23] Here the EU is defined as 'an association of sovereign national states (Staatenverbund)'.[24] With this view, the European Union resembles more of a confederation.
People's Republic of China
Constitutionally, the power vested in the
Myanmar
Constitutionally a unitary state, the political system in Myanmar bears many elements of federalism. Each administrative division has its own cabinets and chief ministers, making it more like a federation rather than a unitary state.
Wallis and Futuna
The
Internal controversy and conflict
Certain forms of political and constitutional dispute are common to federations. One issue is that the exact division of power and responsibility between federal and regional governments is often a source of controversy. Often, as is the case with the United States, such conflicts are resolved through the judicial system, which delimits the powers of federal and local governments. The relationship between federal and local courts varies from nation to nation and can be a controversial and complex issue in itself.
Another common issue in federal systems is the conflict between regional and national interests, or between the interests and aspirations of different ethnic groups. In some federations the entire jurisdiction is relatively homogeneous, and each constituent state resembles a miniature version of the whole; this is known as 'congruent federalism'. On the other hand, incongruent federalism exists where different states or regions possess distinct ethnic groups.
The ability of a federal government to create national institutions that can mediate differences that arise because of linguistic, ethnic, religious, or other regional differences is an important challenge. The inability to meet this challenge may lead to the secession of parts of a federation or to civil war, as occurred in the United States (southern states sought to protect the institution of slavery while northern states opposed it, with a catalysis occurring in the then–
Federal governments
The federal government is the common government of a national or supranational federation. A federal government may have distinct powers at various levels authorized or delegated to it by its member states. The structure of federal governments varies. Based on a broad definition of a basic federalism, there are two or more levels of government that exist within an established territory and govern through common institutions with overlapping or shared powers as prescribed by a constitution.
The federal government is the government at the level of the sovereign state. Usual responsibilities of this level of government are maintaining
Federal government within this structure are the government ministries and departments and agencies to which the ministers of government are assigned.
Contemporary
There are 27 federations in the world, with 6 each in Africa, Asia and Europe, 4 in North America, 3 in South America and 2 in Oceania.
Year est. | Federation | Type [t 1] |
Structure | Top-level subdivisions (federated and other) | Major federated units | Minor units[t 2] (federated or other) |
---|---|---|---|---|---|---|
1853 | Argentine Republic | R | Presidential | Provinces of Argentina | 23 provinces | 1 autonomous city |
1901 | Commonwealth of Australia | M | Parliamentary | States and territories of Australia | 6 states | 3 internal territories (of which 2 are self-governing) and 7 external territories |
1920 | Republic of Austria | R | Parliamentary | States of Austria
|
9 states (Länder or Bundesländer) incl. the city-state of Vienna | |
1993 | Kingdom of Belgium | M | Parliamentary | Divisions of Belgium
|
3 communities, 3 regions | 3 communitarian commissions |
1995 | Bosnia and Herzegovina | R | Parliamentary | Divisions of Bosnia and Herzegovina | 2 entities, one of which is itself a federation of 10 cantons | 1 district[t 3] |
1889 | Federative Republic of Brazil | R | Presidential | Federative units of Brazil | 27 states)[t 4]
|
|
1867 | Canada | M | Parliamentary | Provinces and territories of Canada | 10 provinces | 3 territories |
1995 | Federal Democratic Republic of Ethiopia | R | Parliamentary | Regions and chartered cities of Ethiopia | 11 regions | 2 chartered cities |
1949 | Federal Republic of Germany | R | Parliamentary | States of Germany | 16 states (Länder or Bundesländer) incl. the city-states of Berlin, Hamburg, and Bremen | |
1947[t 5] | Republic of India | R | Parliamentary | States and union territories of India | 28 states | 8 national capital territory
|
2005 | Republic of Iraq | R | Parliamentary | Governorates of Iraq | 19 provinces (governorates) | |
1963 | Malaysia | M | Parliamentary | States of Malaysia
|
13 states | 3 federal territories |
1824 | United Mexican States | R | Presidential | States of Mexico | 32 federal entities, which are 31 states and its capital Mexico City | |
1979 | Federated States of Micronesia | R | Presidential | Administrative divisions of Micronesia | 4 states | |
2015 | Federal Democratic Republic of Nepal | R | Parliamentary | Provinces of Nepal | 7 provinces | |
1960[t 6] | Federal Republic of Nigeria | R | Presidential | Subdivisions of Nigeria | 36 states | 1 federal capital territory |
1947[t 7] | Islamic Republic of Pakistan | R | Parliamentary | Provinces and territories of Pakistan | 4 provinces
|
2 autonomous territories and 1 federal capital territory |
1992[t 8] | Russian Federation | R | Semi-presidential | Federal subjects of Russia | 46 oblasts, 22 republics, 9 krais, 4 autonomous okrugs, 3 federal-level cities, 1 autonomous oblast[27][28] | |
1983 | Federation of Saint Christopher and Nevis | M | Parliamentary | The islands St. Kitts and Nevis
|
1 federal unit (the island of Nevis) | The island of Saint Kitts (directly administered by the federal government) |
2012 | Federal Republic of Somalia | R | Parliamentary | Federal Member States of Somalia | 5 States[29] | |
2011 | Republic of South Sudan | R | Presidential | States of South Sudan
|
10 states | 3 administrative areas (which one of them has special administrative status) |
1956 | Republic of the Sudan | R | Military junta | States of Sudan | 18 states | |
1848 | Swiss Confederation | R | Directorial | Cantons of Switzerland | 26 cantons[t 9] | |
1971 | United Arab Emirates | M | Semi-constitutional monarchy
|
Emirates of the UAE | 7 emirates | |
1776[t 10] | United States of America | R | Presidential | US states and territories | 50 states | 1 federal district; 16 territories[t 11]
|
1863 | Bolivarian Republic of Venezuela | R | Presidential | States of Venezuela | 23 states | 1 federal district, 1 federal dependency |
- ^ R = Federal republic; M = Federal monarchy (in the loose sense).
- ^ That is, first-level subdivisions possessing less autonomy than the major federated units.
- ^ Brčko District is de jure part of both entities, and de facto administered separately from either.
- ^ 20 provinces during the Empire of Brazil 1822–89
- ^ As an independent Dominion; republic declared in 1950
- ^ As the Federation of Nigeria; republic declared in 1963
- ^ As an independent Dominion; republic declared in 1956
- ^ After the dissolution of the Soviet Union, a new Treaty of Federation was signed in 1992, which did not include all of the same components as the Soviet Union.
- ^ Three pairs of cantons have less power at federal level than the other 20 cantons, but the same degree of internal autonomy.
- Articles of Confederation and Perpetual Union, was drafted in 1787 and was ratified in 1788. The first Congress and Presidentdid not take office until March 1789.
- unincorporated, two are commonwealths and a third is formally unorganized. Of the other 11, one is incorporated and all are unorganized; together they form the United States Minor Outlying Islands. The term insular area includes both territories and places with a Compact of Free Association.
Defunct
- Holy Roman Empire (800–1806)[30]
- Inca Empire (1197–1572)
- Confederation of Madja-as(1200–1569)
- Haudenosaunee (Iroquois Confederation) (15th/16th century-1799)
- Polish–Lithuanian Commonwealth (1569–1795)
- Federated Dutch Republic(1581–1795)
- Confederate Ireland (1642–1652)
- United Kingdom of Portugal, Brazil and the Algarves (1815–1825)
- Hispaniola(1822–1844)
- United Provinces of Central America(1823 – c. 1838)
- Peru–Bolivian Confederation (1836–1839)
- Confederation of New Granada(1858–1863)
- Confederate States of America (1861–1865)
- United States of Colombia (1863–1886)
- North German Confederation (1867–1871)
- Austria-Hungary (1867–1918)
- German Empire (1871–1918)
- Federal Republic of Spain (1873–1874)
- French Indochina (1887–1954)
- Federated Malay States (1896–1946)
- French West Africa (1904–1958)
- French Equatorial Africa (1910–1934)
- Transcaucasian Democratic Federative Republic (1918)
- Union of Soviet Socialist Republics (1918–1992)
- Weimar Republic (1919–1933)
- Syrian Federation (1922–1925)
- Federal State of Austria (1934–1938)
- Reorganized National Government of China)
- Malayan Union (1946–1948)
- Federation of Malaya (1948–1963)[31]
- United States of Indonesia (1949–1950)
- United Kingdom of Libya(1951–1963)
- Federation of Ethiopia and Eritrea (1952–1962)
- Federation of Rhodesia and Nyasaland (1953–1963)
- West Indies Federation (1958–1962)
- Mali Federation (1959–1960)
- Republic of the Congo (Léopoldville)(1960–1964)
- Federal Republic of Cameroon (1961–1972)
- Republic of South Africa (1961–1994)
- Republic of Uganda (1962–1967)
- Republic of Kenya(1963–1964)
- United Republic of Tanzania(1964–1965)
- Czechoslovak Socialist Republic[32] (1969–1992)
- Comoros (1978–2018)
- Federal Republic of Yugoslavia (1992–2003)
Some of the proclaimed Arab federations were confederations de facto.
See also
- Anti-Federalism – 1780s political movement in the U.S.
- Canadian Confederation – 1867 unification of Province of Canada, Nova Scotia, and New Brunswick
- Centre for Studies on Federalism – Turin university established 2000
- Commonwealth – Term for a political community founded for the common good
- Corporative federalism – Federalism based on members' legal personhood
- Constitutional economics – Research program in economics and constitutionalism
- Federalism in Australia – Overview of federalism in Australia
- Federalist – Set of political beliefs
- The Federalist Papers – 1788 essay collection promoting ratification of the US Constitution
- Federation of Australia – Process by which six separate British self-governing colonies became the country of Australia
- Foederati – Peoples and cities bound by a treaty, typically in relation to Rome (Antiquity)
- Independent city#Federal capitals – Type of city or town
- International organisation – Organization established by treaty between governments
- Międzymorze (Intermarium)– Proposed country during World War I
- Multinational state – State comprising multiple nations
- Neo-functionalism – political theory
- New federalism– Transfer of certain powers from the United States federal government back to the states
- Non-governmental federation – Federations which are not states or national governments
- Rule according to higher law – Belief that universal principles of morality override unjust laws
- Supranationalism– Multinational political union with a central authority
- Supranational union – Multinational political union with a central authority
- World Federalist Movement– Political idea of a global federal government
References
- ^ "Federalism and Federation". The Princeton Encyclopedia of Self-Determination. Retrieved 24 January 2024.
- .
- ^ Harding, Andrew (25 January 2021). "Asymmetric Federalism and Protection of Indigenous Peoples: The Case of Sabah and Sarawak in Malaysian Federalism". 50 Shades of Federalism. Retrieved 24 January 2024.
- ^ "confederation". Oxford English Dictionary (Online ed.). Oxford University Press. (Subscription or participating institution membership required.)
- ^ CH: Confoederatio Helvetica - Switzerland - Information Archived 30 March 2015 at the Wayback Machine. Swissworld.org. Retrieved on 2013-07-12.
- ISBN 2-87127-783-4
- ^ Many Flemings would prefer two states, Flanders and Wallonia, and two special regions, Brussels and the German-speaking region. In Wallonia, there is wider support for three states: Flanders, Wallonia and Brussels.
- ^ Some dictionaries, such as the Webster's Encyclopedic Unabridged Dictionary of the English Language (1989 ed.), state that federacy is synonymous with confederacy ("by aphesis"). In French, the English words federacy, confederacy, and confederation are all translated by "confédération".
- ISBN 978-3-642-27717-7(eBook)
- ^ Sahadzic, Maja. "Federal Theory on Constitutional Asymmetries: revisited" (PDF). Queen Mary Law Journal: 135–147. Archived from the original (PDF) on 27 February 2019. Retrieved 26 February 2019.
- ^ "Is Spain a federation?". Eupedia.com. 8–25 May 2010.
- ^ Mallet, Victor (18 August 2010). "Flimsier footings". Financial Times. Archived from the original on 10 December 2022. 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)
- ^ Moreno, Luis. "Federalization in multinational Spain" (PDF). Unidad de Políticas Comparadas (CSIC). Working Paper 07-04. Archived from the original (PDF) on 22 September 2021. Retrieved 26 February 2019.
- ^ "Rajoy cesa al Govern, disuelve el Parlament y convoca elecciones para el 21 de diciembre". eldiario.es. 27 October 2017. Retrieved 10 August 2018.
- ^ Enrique Guillén López Archived 11 October 2009 at the Wayback Machine, JUDICIAL REVIEW IN SPAIN: THE CONSTITUTIONAL COURT, 41 Loyola of Los Angeles Law Review 541, 544 (2008).
- ^ Wright, Jonathan Haydn Faure (31 March 2014). "The type of government in the Republic of South Africa - Examining the presence of federal and unitary state elements in the republic". www.researchgate.net. Retrieved 8 November 2016.
After careful research and analysis of various sources and the constitution, it can be confirmed that the government system in the Republic of South Africa is a unitary system. Observance of the government in action, as well as analysis of the constitution, has contributed to this confirmation. Despite the delocalization enjoyed within the republic, the federal principle is not evident enough and it failed Wheare's very simple federal test right in the beginning
- ^ van Staden, Martin (Fall 2021). "The Potential for Constitutional Devolution in South Africa". Cato Journal.
- ^ "Federalist Paper No. 9", p. 70 Alexander Hamilton
- ^ La Communaute du Charbon et de l'Acier, p7 Paul Reuter with a preface by Robert Schuman. Paris 1953.
- S2CID 153687230.
- ^ Schuman or Monnet? The real Architect of Europe. p 129. Bron 2004
- ^ "Federal Constitutional Court Press Release No. 72/2009 of 30 June 2009. Judgment of 30 June 2009: Act Approving the Treaty of Lisbon compatible with the Basic Law; accompanying law unconstitutional to the extent that legislative bodies have not been accorded sufficient rights of participation". Archived from the original on 22 October 2012. Retrieved 17 November 2012.
Due to this structural democratic deficit, which cannot be resolved in an association of sovereign national states (Staatenverbund), further steps of integration that go beyond the status quo may undermine neither the States' political power of action nor the principle of conferral. The peoples of the Member States are the holders of the constituent power. The Basic Law does not permit the special bodies of the legislative, executive and judicial power to dispose of the essential elements of the constitution, i.e. of the constitutional identity (Article 23.1 sentence 3, Article 79.3 GG). The constitutional identity is an inalienable element of the democratic self-determination of a people.
The original German uses the word Staatenverbund, which they translate as "association of sovereign states", rather than the word Staatenbund (confederation of states) or Bundesstaat (federal state). - ^ BVerfG, 2 BvE 2/08 vom 30.6.2009, Absatz-Nr. (1–421)
- ^ Economic Warlords by Gregory H. Fuller
- ^ "Guidebook to the Somali Draft Provisional Constitution". Archived from the original on 20 January 2013. Retrieved 2 August 2012.
- ^ Federal structure of Russia, Article 65 of Russian Constitution.
- ^ see Political status of Crimea.
- ^ "Federal Member States (FMS)". 13 April 2018. Archived from the original on 18 June 2022. Retrieved 25 January 2022.
- ^
ISBN 9780230505797. Retrieved 19 November 2017.
Few would query the proposition that German federalism has deep historical roots. Indeed discussion of its contemporary manestation in the Federal Republic routinely refer to the federal traditions of the Holy Roman Empire -...].
- ^ Gained independence in 1957, joined with Sabah, Sarawak, and Singapore to form Malaysia in 1963.
- ^ Became Czech and Slovak Federative Republic through a constitutional change in 1990.
External links
- New International Encyclopedia. 1905. .