Federalism

Under federalism (from Latin foedus, Foedera "covenant", "alliance", "Agreement") is understood as an organizing principle mainly today, in which the individual members ( member states ) over a certain amount of independence and statehood have, but an overarching totality ( government) are joined together. Often the term is used undifferenzierend and applied to both federations in the strict sense as well as confederations.

As a federalist state ( in the literature sometimes also known as a federal state ) a country is thus referred to, which is structured according to the federal principle and thus consists of member States which places certain (limited ), therefore have constitutional powers, which are not derived from the general government. To some extent, the members of the Federal granted a right of withdrawal, with the written constitutional law but not necessarily the same as the constitutional reality. The " Declaration of Principles " of the UN General Assembly on October 24, 1970 includes a right to secession in the context of self-determination of the peoples of largely.

• 6.1 Demarcation Unit States and confederations
• 6.2 division of powers between the federal government and individual states
• 6.3 territory
• 6.4 lists 6.4.1 currently
• 6.4.2 historically

• 7.1 Non -existent commonwealths

Opposing word meaning

In the context of federalism in the United States is important to note that this sense is the opposite for historical reasons familiar in German, in a sense: Federalism as just the idea of ​​a strong central power, the general government is referred to herein; the same applies to Canada and Australia.

For historical reasons, is a " federalist " ( federalist ) in the United States of America, in Australia and Canada, on the contrary, someone who wants to expand the rights of the state as a whole. The U.S. was after independence in 1783 initially ( based on the Articles of Confederation ), a federation of states and politicians as the Federalist Papers, it wanted a closer Federation, a federation ( Federal State ) do. In English, the terms federation and confederation in part, for the German term pair state and confederation used, but the terminology is not uniform. That's the name of the North German Confederation in English, in spite of its intergovernmental nature, North German Confederation.

History of ideas and development of the theory of federalism

Political federalism

In the political arena so that a government organization principle is specifically meant as a result, individual member states ( countries, states) a State - in the sense of a federal respectively federal general government ( Federation ) - or form a federation or a confederation ( to a much looser form). The members of a state (depending on the object to be examined, for example, states, provinces, cantons or states called ) give it to their sovereignty, but retain their law as authority. The state as a whole, the "Bund", shall decide all questions of unity and existence of the whole ( eg securing the alliance boundaries ), the countries have the right to self determination in their areas of expertise ( in the Federal Republic of Germany, for example, education, police ). Most of the term federalism is based on sovereign states that grant more geographically circumscribed sub-areas of their state a degree of political autonomy. This may not be revoked without further ado, and is usually defined in the Constitution. The constituent states so-called have their own political institutions and their own powers to regulate their offerings and derive these rights not from the uniform state. (For different division of state powers in confederations and states see below. )

The state federalism is always influenced by the stress field of the relations between the State and the individual states, so it may well come to pendulum movements towards greater centralization or decentralization. Indispensable prerequisite for federalism is the equality of all members. The opposite of federalism is the centrally governed unitary state, also called the central state.

Since the Enlightenment, many thinkers believe that it came with the release of the federalization of a merger of independent communities on first regional and then kulturkreisumgreifende mergers to the World Federation.

In addition to the idea of ​​the state support ( statist ) understanding ( federalism from above ) takes a liberal ( libertarian ) view on ( federalism from below), also referred to as " sustainable federalism ". According to her, the smallest social structure (groups, communities ) are autonomous. They go of their own accord a alliances of convenience, however, give only those tasks from their associations, they can not even perceive.

The sustainable federalism is the desire of man is based to be able to determine which bonds to community and morality he enters ( natural law ), and say in what may what the community decides (direct democracy). The covenants entered into by the independent municipalities, have a purpose callable function ( narrow interpretation of the subsidiarity principle ). This understanding of federalism has lived in many places where no state was present or her people - had withdrawn - sometimes violently. It is now to be found in people who assume that states create problems, but not solve.

Institutional federalism

Example of institutional federalism, some parties (or clubs, etc. ), which, for example, in Germany formed in the member states and delegate tasks and competencies of the organization on an umbrella organization that can act independently in some areas, in other parts, however, the part of the organization are dependent.

Formation

States can occur in four ways:

• An association previously independent states into a larger polity (eg, Switzerland );
• Loosening and fragmentation of existing Central States (eg Spain, Belgium, United Kingdom);
• Continuation of an existing thinking certain independence within a monarchy (keyword: crown lands ) and transfer its in a republican form (eg Austria );
• Or they are imposed from the outside world political reasons (eg Bosnia and Herzegovina).

Independent churches have been

• In the colonization of a previously uninhabited area ( eg Iceland ),
• After shaking off a rule (eg Dithmarsch Bauer Republic, Old Confederation);
• After the de facto dissolution of a State (for example, in the Somali hinterland )
• From the awareness that the state does not provide for the security and future (eg, gated, intentional, lifeboat communities ).

Functions of federalism

Federalism has primarily on the tasks,

• To strengthen democracy and pluralism,
• This particular by facilitating political participation "on the spot "
• To distribute in accordance with the subsidiarity principle, the political decision-making on several levels,
• Political educate youth at the regional level,
• Also to gain political experience because of the possibility of the country comparison "on the spot "
• To promote in this way a " federal competition "
• To meet with " federal division of powers " concentration of power.

Whether and how far these goals of federalism be achieved must be assessed in each individual case.

The municipal autonomy

• Satisfies the basic needs of people,
• Strengthens tolerance,
• Creates peace,
• Brings about the necessary moderation to preserve the livelihoods of the earth.

However, there are also weaknesses and possible disadvantages of this form of federalism that are taken into account ( see also federalism in Switzerland).

Types of Federalism

• Unitarian federalism: eg Austria
• Cooperative Federalism: eg Germany; entangled power relations between member states and federal government with the aim of improving government performance.
• Competitive federalism (competitive federalism ): for example, the United States of America ( USA)
• Dual Federalism: for example, the United States; strong separation of powers between member states and federal government. The confederal state based on the principle of competition and competition.
• Balanced Federalism, for example, Switzerland. If the component states of a federation of states all have the same rights, called this form " symmetrical federalism ".
• Asymmetrical federalism, such as Spain. Between the member states differences in terms of rights and obligations are to be recognized.
• Differential association and federalism - difference according to the criterion of "social differentiation or concordance ."
• Sustainable ( libertarian ) federalism. Independent communities close of their own accord together to get done what they can not cope on their own.

States

Distinct from unitary states and confederations

A state is different from the one unit state, on the other hand by the confederation.

A state is a constitutional connection of states to a total state. In this context, the members of the Federation ( member states ) retain their state quality, while the federal government itself has the quality of a sovereign state. The relations between the federal government and individual states and between member states themselves are governed by state law (and not international law ). The general government constitution of the state distributes the totality of governmental powers between the central organs of the federal government and the constituent states in such a way that neither the federal institutions or the member states have the other institution overriding control power. So this competence sovereignty lies neither in the central organs nor in the member states. Through such solicitation in the total staa union constitution sharing the top competencies, the state distinguishes between the unitary state and the other part of confederation. In contrast, the competence sovereignty in a unitary state, eg in France, centralized. All legal competence in the State are derived from this state and territorial competence under its available power. So there has, for example, a local authority to withdraw any powers in its own right, which would prevent the unitary state these skills again or dissolve the authority.

Distribution of powers between the federal government and individual states

The federal law is a concrete political system.

The distribution of tasks distinguish between:

Territory

In federal states, the question arises of the relationship between the territory of the Federation to the territories of the Member States.

In addition to the match ( congruence ) of the territory of the Federation and of all the territories of its member states, such as in the Federal Republic of Germany there are also states with federal territories, the territory of a member state are ( direct federal territories) not at the same time, such as the Capital Territory Australia, the territories of Canada or the District of Columbia of the United States of America. Finally, areas of member states are conceivable, the federal territory are ( nationwide free areas ) not at the same time.

Immediate Federal special status also had the National Rural Alsace- Lorraine. An example of a nationwide free area is the southern part of the Grand Duchy of Hesse in the North German Confederation from 1867 to 1871.

Lists

Current

Historically

Commonwealths

Another aspect of federalism is the confederation. A confederation is created by contractual association of sovereign states. Here indeed common institutions can be transferred individual sovereignty. However, the comprehensive competence sovereignty rests with the Member States. This also reserve the right, in its sole discretion to withdraw from the federal government. One example is the African Union.

Non -existent commonwealths

• Old Confederation (1291-1798)
• Swiss Confederation (1803-1848, from then State)
• Confederation of the Rhine (1806-1813)
• German Confederation (1815-1866)

Federal Europe

Long time you could speak of a confederation of states in the EEC and EC. Treaties such as the coal and steel community even had an expiration date. Today, the EU has in addition to a management and solid skills that are checked on the basis of the EU Treaties by the European Court of Justice. Already, the EU embodies a supranational construct sui generis, which goes beyond an organized confederation; However, it is not a state. Therefore, the German Federal Constitutional Court coined in its decision of 12 October 1993 states the term composite to refer to the EU. This definition is often used at least by German lawyers. The demand for a pan-European federal constitution is referred to as a "European federalism ".