![Map of unitary and federal states](https://upload.wikimedia.org/wikipedia/commons/4/46/Map_of_unitary_and_federal_states.svg)
Federalism is a combined or compound mode of
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
that combines a general government (the central or "federal" government) with regional governments (
provincial
Provincial may refer to:
Government & Administration
* Provincial capitals, an administrative sub-national capital of a country
* Provincial city (disambiguation)
* Provincial minister (disambiguation)
* Provincial Secretary, a position in Can ...
,
state,
cantonal
The 26 cantons of Switzerland (german: Kanton; french: canton ; it, cantone; Sursilvan and Surmiran: ; Vallader and Puter: ; Sutsilvan: ; Rumantsch Grischun: ) are the member states of the Swiss Confederation. The nucleus of the Swiss Confe ...
,
territorial
A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal.
In international politics, a territory is usually either the total area from which a state may extract power resources or a ...
, or other sub-unit governments) in a single political system, dividing the powers between the two. Federalism in the
modern era
The term modern period or modern era (sometimes also called modern history or modern times) is the period of history that succeeds the Middle Ages (which ended approximately 1500 AD). This terminology is a historical periodization that is applie ...
was first adopted in the unions of states during the
Old Swiss Confederacy
The Old Swiss Confederacy or Swiss Confederacy (German language, Modern German: ; historically , after the Swiss Reformation, Reformation also , "Confederation of the Swiss") was a loose confederation of independent small states (, German or ...
.
Federalism differs from
confederalism, in which the general level of government is subordinate to the regional level, and from
devolution
Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories h ...
within a
unitary state
A unitary state is a sovereign state governed as a single entity in which the central government is the supreme authority. The central government may create (or abolish) administrative divisions (sub-national units). Such units exercise only th ...
, in which the regional level of government is subordinate to the general level. It represents the central form in the pathway of regional integration or separation, bounded on the less integrated side by confederalism and on the more integrated side by devolution within a unitary state.
Examples of a
federation
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
or federal province or state include
Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
,
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
,
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
,
Bosnia & Herzegovina
Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and He ...
,
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
,
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
,
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
,
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
,
Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
,
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
,
Micronesia
Micronesia (, ) is a subregion of Oceania, consisting of about 2,000 small islands in the western Pacific Ocean. It has a close shared cultural history with three other island regions: the Philippines to the west, Polynesia to the east, and ...
,
Nepal
Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is mai ...
,
Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
,
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
,
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
,
Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
,
UAE
The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia (The Middle East). It is located at th ...
, and
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. Some characterize the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
as the pioneering example of federalism in a multi-state setting, in a concept termed the "federal union of states".
Overview
![The pathway of regional integration or separation](https://upload.wikimedia.org/wikipedia/commons/d/da/The_pathway_of_regional_integration_or_separation.png)
Etymology
The terms "federalism" and "confederalism" share a root in the
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
word ''
foedus'', meaning "
treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations
An international organization or international o ...
,
pact
A pact, from Latin ''pactum'' ("something agreed upon"), is a formal agreement between two or more parties. In international relations, pacts are usually between two or more sovereign states. In domestic politics, pacts are usually between two or ...
or
covenant". Their common early meaning until the late eighteenth century was a simple league or inter-governmental relationship among
sovereign states
A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined terri ...
based on a treaty. They were therefore initially synonyms. It was in this sense that
James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...
in ''
Federalist No.39
Federalist No. 39, titled "The conformity of the Plan to Republican Principles", is an essay by James Madison, the thirty-ninth of ''The Federalist Papers'', published on January 16, 1788. Madison defines a republican form of government, and he ...
'' had referred to the new
US Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
as "neither a national nor a federal Constitution, but a composition of both" (i.e. as constituting neither a single large unitary state nor a league/confederation among several small states, but a hybrid of the two). In the course of the nineteenth century United States, the meaning of federalism would come to shift, strengthening to refer uniquely to the novel compound political form established at the
Philadelphia Convention
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention fr ...
, while the meaning of confederalism would remain at a league of states.
Origin
In the narrow sense, federalism refers to the mode in which the
body politic
The body politic is a polity—such as a city, realm, or state—considered metaphorically as a physical body. Historically, the sovereign is typically portrayed as the body's head, and the analogy may also be extended to other anatomical par ...
of a state is organized internally, and this is the meaning most often used in modern times. Political scientists, however, use it in a much broader sense, referring instead to a "multi-layer or pluralistic concept of social and political life."
The first forms of federalism took place in ancient times, in the form of alliances between states. Some examples from the seventh to second century B.C. were the
Archaic League, the
Aetolic League, the
Peloponnesian League
The Peloponnesian League was an alliance of ancient Greek city-states, dominated by Sparta and centred on the Peloponnese, which lasted from c.550 to 366 BC. It is known mainly for being one of the two rivals in the Peloponnesian War (431–404 BC ...
, and the
Delian League
The Delian League, founded in 478 BC, was an association of Greek city-states, numbering between 150 and 330, under the leadership of Athens, whose purpose was to continue fighting the Persian Empire after the Greek victory in the Battle of Pl ...
. An early progenitor of federalism was the
Achaean League
The Achaean League (Greek: , ''Koinon ton Akhaion'' "League of Achaeans") was a Hellenistic-era confederation of Greek city states on the northern and central Peloponnese. The league was named after the region of Achaea in the northwestern Pel ...
in
Hellenistic Greece. Unlike the
Greek city states of
Classical Greece
Classical Greece was a period of around 200 years (the 5th and 4th centuries BC) in Ancient Greece,The "Classical Age" is "the modern designation of the period from about 500 B.C. to the death of Alexander the Great in 323 B.C." ( Thomas R. Marti ...
, each of which insisted on keeping its complete independence, changing conditions in the Hellenistic period drove many city states to band together even at the cost of losing part of their sovereignty. Subsequent unions of states included the first and second
Swiss Confederations (1291–1798 and 1815–48), the
United Provinces of the Netherlands (1579–1795), the
German Bund (1815–66), the first American union known as the
Confederation of the United States of America (1781–89), and second American union formed as the
United States of America
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
(1789–1865).
Political theory
Modern federalism is a political system based upon
democratic rules and institutions in which the power to govern is shared between national and provincial/state governments. The term ''
federalist
The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''.
History Europe federation
In Europe, proponents of de ...
'' describes several political beliefs around the world depending on context. Since the term ''federalization'' also describes distinctive political processes, its use as well depends on the context.
In political theory, two main types of federalization are recognized:
* integrative, or aggregative federalization, designating various processes like: integration of non-federated political subjects by creating a new federation, accession of non-federated subjects into an existing federation, or transformation of a confederation into a federation
* devolutive, or dis-aggregative federalization: transformation of a
unitary state
A unitary state is a sovereign state governed as a single entity in which the central government is the supreme authority. The central government may create (or abolish) administrative divisions (sub-national units). Such units exercise only th ...
into a federation
Reasons for adoption
According to
Daniel Ziblatt
Daniel Ziblatt (born 1972) is an American political scientist and a professor at Harvard University with a research focus on comparative politics, democracy and democratization as well as the politics and political history of Western Europe. Since ...
, there are four competing theoretical explanations in the academic literature for the adoption of federal systems:
# Ideational theories, which hold that a greater ideological commitment to
decentralist
Decentralization or decentralisation is the process by which the activities of an organization, particularly those regarding planning and decision making, are distributed or delegated away from a central, authoritative location or group.
Conce ...
ideas in society makes federalism more likely to be adopted.
# Cultural-historical theories, which hold that federal institutions are more likely to be adopted in societies with
culturally
Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups.Tyl ...
or ethnically fragmented populations.
# "
Social contract
In moral and political philosophy
Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships betw ...
" theories, which hold that federalism emerges as a bargain between a center and a periphery where the center is not powerful enough to dominate the periphery and the periphery is not powerful enough to secede from the center.
# "Infrastructural power" theories, which hold that federalism is likely to emerge when the subunits of a potential federation already have highly developed infrastructures (e.g. they are already constitutional, parliamentary, and administratively modernized states).
Immanuel Kant
Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German philosopher and one of the central Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemology, metaphysics, ethics, and ...
noted that "the problem of setting up a state can be solved even by a nation of devils" so long as they possess an appropriate constitution which pits opposing factions against each other with a system of
checks and balances. In particular individual states required a federation as a safeguard against the possibility of war.
Proponents for federal systems have historically argued that the power-sharing inherent in federal systems reduces both domestic security threats and foreign threats. Federalism allows states to be large and diverse, mitigating the risk of a tyrannical government through centralization of powers.
Examples
Many countries have implemented federal systems of government with varying degree of central and regional sovereignty. The federal government of these countries can be divided into minimalistic federations, consisting of only two sub-federal units or multi-regional, those that consist of three to dozens of regional governments. They can also be grouped based on their body polity type, such as emirate, provincial, republican or state federal systems. Another way to study federated countries is by categorizing them into those whose entire territory is federated as opposed to only part of its territory comprising the federal portion of the country. Some federal systems are national systems while others, like the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
are supra national.
In general, two extremes of federalism can be distinguished: at one extreme, the strong federal state is almost completely unitary, with few powers reserved for local governments; while at the other extreme, the national government may be a federal state in name only, being a
confederation
A confederation (also known as a confederacy or league) is a union of sovereign groups or states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issu ...
in actuality. Federalism may encompass as few as two or three internal divisions, as is the case in
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
or Bosnia and Herzegovina.
The governments of Argentina,
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
,
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
, and
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
, among others, are also organized along federalist principles.
In
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, federalism typically implies opposition to
sovereigntist movements (most commonly
Quebec separatism
The Quebec sovereignty movement (french: Mouvement souverainiste du Québec) is a political movement whose objective is to achieve the sovereignty of Quebec, a province of Canada since 1867, including in all matters related to any provision of ...
). In 1999, the
Government of Canada
The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown ...
established the
Forum of Federations
The Forum of Federations is an international organization based in Ottawa, Ontario, Canada. It develops and shares comparative expertise on the practice of federal and decentralized governance through a global network. The Forum and its partners ...
as an international network for exchange of best practices among federal and federalizing countries. Headquartered in
Ottawa
Ottawa (, ; Canadian French: ) is the capital city of Canada. It is located at the confluence of the Ottawa River and the Rideau River in the southern portion of the province of Ontario. Ottawa borders Gatineau, Quebec, and forms the core ...
, the Forum of Federations partner governments include Australia, Brazil, Ethiopia, Germany, India, Mexico, Nigeria, Pakistan and Switzerland.
Europe vs. the United States
In
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
, "federalist" is sometimes used to describe those who favor a common federal government, with distributed power at regional, national and supranational levels. Most European federalists want this development to continue within the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
. Although there are medieval and early modern examples of European states which used confederal and federal systems, contemporary
European federalism
The United States of Europe (USE), the European State, the European Federation and Federal Europe, is the hypothetical scenario of the European integration leading to formation of a sovereign superstate (similar to the United States of Americ ...
originated in post-war Europe; one of the more important initiatives was
Winston Churchill
Sir Winston Leonard Spencer Churchill (30 November 187424 January 1965) was a British statesman, soldier, and writer who served as Prime Minister of the United Kingdom twice, from 1940 to 1945 Winston Churchill in the Second World War, dur ...
's speech in
Zürich
Zürich () is the list of cities in Switzerland, largest city in Switzerland and the capital of the canton of Zürich. It is located in north-central Switzerland, at the northwestern tip of Lake Zürich. As of January 2020, the municipality has 43 ...
in 1946.
In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, federalism originally referred to belief in a stronger central government. When the U.S. Constitution was being drafted, the
Federalist Party
The Federalist Party was a Conservatism in the United States, conservative political party which was the first political party in the United States. As such, under Alexander Hamilton, it dominated the national government from 1789 to 1801.
De ...
supported a stronger central government, while "
Anti-Federalists
Anti-Federalism was a late-18th century political movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution. The previous constitution, called the Articles of Con ...
" wanted a weaker central government. This is very different from the modern usage of "federalism" in Europe and the United States. The distinction stems from the fact that "federalism" is situated in the middle of the political spectrum between a
confederacy and a
unitary state
A unitary state is a sovereign state governed as a single entity in which the central government is the supreme authority. The central government may create (or abolish) administrative divisions (sub-national units). Such units exercise only th ...
. The U.S. Constitution was written as a replacement for the
Articles of Confederation
The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
, under which the United States was a loose confederation with a weak central government.
In contrast, Europe has a greater history of unitary states than North America, thus European "federalism" argues for a weaker central government, relative to a unitary state. The modern American usage of the word is much closer to the European sense. As the power of the
U.S. federal government
The federal government of the United States (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States, a federal republic located primarily in North America, composed of 50 ...
has increased, some people have perceived a much more unitary state than they believe the
Founding Fathers
The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e. ...
intended. Most people politically advocating "federalism" in the United States argue in favor of limiting the powers of the federal government, especially the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
(see
Federalist Society,
New Federalism).
The contemporary concept of federalism came about with the creation of an entirely new system of government that provided for democratic representation at two governing levels simultaneously, which was implemented in the
US Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
. In the United States implementation of federalism, a bicameral general government, consisting of a chamber of popular representation proportional to population (
the House of Representatives), and a chamber of equal State-based representation consisting of two delegates per State (
the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the eld ...
), was overlaid upon the pre-existing regional governments of the thirteen independent States. With each level of government allocated a defined sphere of powers, under a written constitution and the rule of law (that is, subject to the independent third-party arbitration of a supreme court in competence disputes), the two levels were thus brought into a coordinate relationship for the first time.
In 1946,
Kenneth Wheare
Sir Kenneth Clinton Wheare, CMG (26 March 1907 – 7 September 1979) was an Australian academic, who spent most of his career at Oxford University in England. He was an expert on the constitutions of the British Commonwealth. He advised constitut ...
observed that the two levels of government in the US were "co-equally supreme". In this, he echoed the perspective of American founding father James Madison who saw the several States as forming "distinct and independent portions of the supremacy" in relation to the general government.
Constitutional structure
Division of powers
In a federation, the division of power between federal and regional governments is usually outlined in the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
. Almost every country allows some degree of regional self-government, but in federations the right to self-government of the component states is constitutionally entrenched. Component states often also possess their own constitutions which they may amend as they see fit, although in the event of conflict the federal constitution usually takes precedence.
In almost all federations the central government enjoys the powers of foreign policy and national defense as
exclusive federal powers
Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising.Scardino, Frank. The Complete Idiot's Guide to ...
. Were this not the case a federation would not be a single sovereign state, per the UN definition. Notably, the
states of Germany retain the right to act on their own behalf at an international level, a condition originally granted in exchange for the
Kingdom of Bavaria
The Kingdom of Bavaria (german: Königreich Bayern; ; spelled ''Baiern'' until 1825) was a German state that succeeded the former Electorate of Bavaria in 1805 and continued to exist until 1918. With the unification of Germany into the German E ...
's agreement to join the
German Empire
The German Empire (),Herbert Tuttle wrote in September 1881 that the term "Reich" does not literally connote an empire as has been commonly assumed by English-speaking people. The term literally denotes an empire – particularly a hereditary ...
in 1871. Beyond this the precise division of power from one nation to another. The constitutions of
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
and the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
provide that all powers not specifically granted to the federal government are retained by the states. The Constitution of some countries like
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
and
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
, state that powers not explicitly granted to the provincial governments are retained by the federal government. Much like the US system, the Australian Constitution allocates to the Federal government (the Commonwealth of Australia) the power to make laws about certain specified matters which were considered too difficult for the States to manage, so that the States retain all other areas of responsibility. Under the division of powers of the European Union in the
Lisbon Treaty, powers which are not either exclusively of
Union competence or shared between the Union and the Member States as
concurrent powers
Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province. These powers may be exercised simultaneously within the same territory, in relation ...
are retained by the constituent States.
![La esp Rep](https://upload.wikimedia.org/wikipedia/commons/1/12/La_esp_Rep._Federal%2C_Rep._Unitaria_%282%29.JPG)
Where every component state of a federation possesses the same powers, we are said to find 'symmetric federalism'.
Asymmetric federalism
Asymmetric federalism or asymmetrical federalism is found in a federation or other types of union in which different constituent states possess different powers: one or more of the substates has considerably more autonomy than the other substate ...
exists where states are granted different powers, or some possess greater autonomy than others do. This is often done in recognition of the existence of a distinct culture in a particular region or regions. In Spain, the
Basques
The Basques ( or ; eu, euskaldunak ; es, vascos ; french: basques ) are a Southwestern European ethnic group, characterised by the Basque language, a common culture and shared genetic ancestry to the ancient Vascones and Aquitanians. Bas ...
and
Catalans, as well as the
Galicians, spearheaded a historic movement to have their national specificity recognized, crystallizing in the "historical communities" such as
Navarre
Navarre (; es, Navarra ; eu, Nafarroa ), officially the Chartered Community of Navarre ( es, Comunidad Foral de Navarra, links=no ; eu, Nafarroako Foru Komunitatea, links=no ), is a foral autonomous community and province in northern Spain, ...
,
Galicia,
Catalonia
Catalonia (; ca, Catalunya ; Aranese Occitan: ''Catalonha'' ; es, Cataluña ) is an autonomous community of Spain, designated as a ''nationality'' by its Statute of Autonomy.
Most of the territory (except the Val d'Aran) lies on the north ...
, and the
Basque Country
Basque Country may refer to:
* Basque Country (autonomous community), as used in Spain ( es, País Vasco, link=no), also called , an Autonomous communities of Spain, autonomous community of Spain (shown in pink on the map)
* French Basque Country o ...
. They have more powers than the later expanded arrangement for other Spanish regions, or
the Spain of the autonomous communities (called also the "coffee for everyone" arrangement), partly to deal with their separate identity and to appease peripheral nationalist leanings, partly out of respect to
specific rights they had held earlier in history. However, strictly speaking Spain is not a federation, but a system of asymmetric devolved government within a unitary state.
It is common that during the historical evolution of a federation there is a gradual movement of power from the component states to the centre, as the federal government acquires additional powers, sometimes to deal with unforeseen circumstances. The acquisition of new powers by a federal government may occur through formal constitutional amendment or simply through a broadening of the interpretation of a government's existing constitutional powers given by the courts.
Usually, a federation is formed at two levels: the central government and the regions (states, provinces, territories), and little to nothing is said about second or third level administrative political entities. Brazil is an exception, because the 1988 Constitution included the municipalities as autonomous political entities making the federation tripartite, encompassing the Union, the States, and the municipalities. Each state is divided into municipalities (''municípios'') with their own legislative council (''câmara de vereadores'') and a mayor (''prefeito''), which are partly autonomous from both Federal and State Government. Each municipality has a "little constitution", called "organic law" (''lei orgânica''). Mexico is an intermediate case, in that municipalities are granted full-autonomy by the federal constitution and their existence as autonomous entities (''municipio libre'', "free municipality") is established by the federal government and cannot be revoked by the states' constitutions. Moreover, the federal constitution determines which powers and competencies belong exclusively to the municipalities and not to the
constituent states. However, municipalities do not have an elected legislative assembly.
Federations often employ the
paradox of being a union of states, while still being states (or having aspects of
statehood
A state is a centralized political organization that imposes and enforces rules over a population within a territory. There is no undisputed definition of a state. One widely used definition comes from the German sociologist Max Weber: a "sta ...
) in themselves. For example, James Madison (author of the
US Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
) wrote in
Federalist Paper No. 39 that the US Constitution "is in strictness neither a national nor a federal constitution; but a composition of both. In its foundation, it is federal, not national; in the sources from which the ordinary powers of the Government are drawn, it is partly federal, and partly national..." This stems from the fact that states in the US maintain all
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
that they do not yield to the federation by their own consent. This was reaffirmed by the
Tenth Amendment to the United States Constitution
The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, also known as states' rights, by stating that the federal governmen ...
, which reserves all powers and rights that are not delegated to the Federal Government as left to the States and to the people.
Bicameralism
The structures of most federal governments incorporate mechanisms to protect the rights of component states. One method, known as '
intrastate federalism Intrastate could refer to:
* Intrastate Interstate Highway
* Intrastate airline
Intrastate airlines in the U.S. are defined as air carriers operating inside of one individual state and thus not flying across state lines. Larger intrastate airlin ...
', is to directly represent the governments of component states in federal political institutions. Where a federation has a
bicameral
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
legislature the
upper house
An upper house is one of two Debate chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smalle ...
is often used to represent the component states while the
lower house
A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
represents the people of the nation as a whole. A federal upper house may be based on a special scheme of
apportionment
The legal term apportionment (french: apportionement; Mediaeval Latin: , derived from la, portio, share), also called delimitation, is in general the distribution or allotment of proper shares, though may have different meanings in different c ...
, as is the case in the
senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
s of the United States and Australia, where each state is represented by an equal number of senators irrespective of the size of its population.
Alternatively, or in addition to this practice, the members of an upper house may be indirectly elected by the government or legislature of the component states, as occurred in the United States prior to 1913, or be actual members or delegates of the state governments, as, for example, is the case in the
German Bundesrat
The German Bundesrat ( lit. Federal Council; ) is a legislative body that represents the sixteen ''Länder'' (federated states) of Germany at the federal level (German: ''Bundesebene''). The Bundesrat meets at the former Prussian House of Lords ...
and in the
Council of the European Union
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...
. The lower house of a federal legislature is usually directly elected, with apportionment in proportion to population, although states may sometimes still be guaranteed a certain minimum number of seats.
Intergovernmental relations
In Canada, the provincial governments represent regional interests and negotiate directly with the central government. A
First Ministers conference of the prime minister and the provincial premiers is the ''
de facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' highest political forum in the land, although it is not mentioned in the constitution.
Constitutional change
Federations often have special procedures for amendment of the federal constitution. As well as reflecting the federal structure of the state this may guarantee that the self-governing status of the component states cannot be abolished without their consent. An amendment to the constitution of the United States must be ratified by three-quarters of either the state legislatures, or of constitutional conventions specially elected in each of the states, before it can come into effect. In referendums to amend the constitutions of Australia and Switzerland it is required that a proposal be endorsed not just by an overall majority of the electorate in the nation as a whole, but also by separate majorities in each of a majority of the states or cantons. In Australia, this latter requirement is known as a ''double majority''.
Some federal constitutions also provide that certain constitutional amendments cannot occur without the unanimous consent of all states or of a particular state. The US constitution provides that no state may be deprived of equal representation in the senate without its consent. In Australia, if a proposed amendment will specifically impact one or more states, then it must be endorsed in the referendum held in each of those states. Any amendment to the Canadian constitution that would modify the role of the
monarchy
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy) ...
would require unanimous consent of the provinces. The
German Basic Law provides that no amendment is admissible at all that would abolish the federal system.
Other technical terms
*
Fiscal federalism
As a subfield of public economics, fiscal federalism is concerned with "understanding which functions and instruments are best centralized and which are best placed in the sphere of decentralized levels of government" (Oates, 1999). In other words, ...
– the relative financial positions and the financial relations between the levels of government in a federal system.
* Formal federalism (or '
constitutional federalism
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
') – the delineation of powers is specified in a written constitution, which may or may not correspond to the actual operation of the system in practice.
*
Executive federalism Executive federalism is "the processes of intergovernmental negotiation that are dominated by the executives of the different governments within the federal system." Alternatively, Donald Smiley defined Executive federalism as “the relation betw ...
refers in the English-speaking tradition to the intergovernmental relationships between the executive branches of the levels of government in a federal system and in the continental European tradition to the way constituent units 'execute' or administer laws made centrally.
*
Gleichschaltung
The Nazi term () or "coordination" was the process of Nazification by which Adolf Hitler and the Nazi Party successively established a system of totalitarian control and coordination over all aspects of German society and societies occupied b ...
– the conversion from a federal governance to either a completely unitary or more unitary one, the term was borrowed from the German for conversion from
alternating to
direct current
Direct current (DC) is one-directional flow of electric charge. An electrochemical cell is a prime example of DC power. Direct current may flow through a conductor such as a wire, but can also flow through semiconductors, insulators, or even ...
. During the Nazi era the
traditional German states were mostly left intact in the formal sense, but their constitutional rights and sovereignty were eroded and ultimately ended and replaced with the
Gau system. ''Gleichschaltung'' also has a broader sense referring to political consolidation in general.
* defederalize – to remove from federal government, such as taking a responsibility from a national level government and giving it to states or provinces
In relation to conflict
It has been argued that federalism and other forms of territorial autonomy are a useful way to structure political systems in order to prevent violence among different groups within countries because it allows certain groups to legislate at the subnational level. Some scholars have suggested, however, that federalism can divide countries and result in state collapse because it creates proto-states. Still others have shown that federalism is only divisive when it lacks mechanisms that encourage political parties to compete across regional boundaries.
[Dawn Brancati. 2009. Peace by Design: Managing Intrastate Conflict through Decentralization. Oxford: Oxford UP.]
Federalism is sometimes viewed in the context of international negotiation as "the best system for integrating diverse nations, ethnic groups, or combatant parties, all of whom may have cause to fear control by an overly powerful center."
[Michael Meyer-Resende]
Why Talk of Federalism Won't Help Peace in Syria
''Foreign Policy
A State (polity), state's foreign policy or external policy (as opposed to internal or domestic policy) is its objectives and activities in relation to its interactions with other states, unions, and other political entities, whether bilaterall ...
'' (March 18, 2017). However, those skeptical of federal prescriptions sometimes believe that increased
regional autonomy Regional autonomy is decentralization of governance to outlying regions. Recent examples of disputes over autonomy include:
* The Basque region of Spain
* The Catalan region of Spain
* The Sicilia region of Italy
* The disputes over autonomy of pro ...
can lead to secession or dissolution of the nation.
In
Syria
Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
, for example, federalization proposals have failed in part because "Syrians fear that these borders could turn out to be the same as the ones that the fighting parties have currently carved out."
See also
Notes and references
Sources
*
*
*
*
*
External links
* P.-J. Proudhon (1863)
The Principle of Federation
{{authority control
Political systems
Political theories
ca:Federació