Coconstitutionalism

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Coconstitutionalism is where two institutional cultures exist in a complex semi-autonomous relationship to each other. [1] The model of asymmetrical devolution that has emerged in democratic Spain has been called "coconstitutional" in that it is neither a federal nor a unitary model of government: autonomous nation-regions exist alongside and within the Spanish nation-state in a relatively dynamic relationship. [2]

Similarities to federalism are marked although a key difference lies in the legal status of a federal-state versus a notionally unitary coconstitutional one: in a federation, it is the states who legally transfer powers to the federal government (bottom up) whereas in a unitary state power is devolved from the nation-state down to the regions (top down) and can in theory be revoked. Political conflict between Catalonia and Spain resulted in the 2017–2018 Spanish constitutional crisis. [3]

Since 1997, the UK government has pursued a similar coconstitutional model of devolution with regard to its nation-regions.

Five regions in Italy, namely Aosta Valley, Friuli-Venezia Giulia, Sardinia, Sicily, and Trentino-Alto Adige/Südtirol, have special forms of autonomy. [4]

Related Research Articles

<span class="mw-page-title-main">Constitution</span> Fundamental principles that govern a state

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.

<span class="mw-page-title-main">Federalism</span> Political concept

Federalism is a mode of government that combines a general level of government with a regional level of sub-unit governments, while dividing the powers of governing between the two levels of governments. Two illustrative examples of federated countries—one of the world's oldest federations, and one recently organized—are Australia and the Federated States of Micronesia, (Micronesia).

<span class="mw-page-title-main">Politics of Spain</span>

The politics of Spain takes place under the framework established by the Constitution of 1978. Spain is established as a social and democratic sovereign country wherein the national sovereignty is vested in the people, from which the powers of the state emanate.

<span class="mw-page-title-main">Autonomous communities of Spain</span> First-level administrative division of Spain

The autonomous communities are the first-level administrative divisions of Spain, created in accordance with the Spanish Constitution of 1978, with the aim of guaranteeing limited autonomy to the nationalities and regions that make up Spain.

<span class="mw-page-title-main">Devolution</span> Granting of some competences of central government to local government

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 have the power to make legislation relevant to the area, thus granting them a higher level of autonomy.

<span class="mw-page-title-main">Federation</span> Political union of partially self-governing territories under a national government

A federation is an 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 without constitutional amendment.

Regionalism is a political ideology that seeks to increase the political power, influence and self-determination of the people of one or more subnational regions. It focuses on the "development of a political or social system based on one or more" regions, and/or the national, normative, or economic interests of a specific region, group of regions or another subnational entity, gaining strength from or aiming to strengthen the "consciousness of and loyalty to a distinct region with a homogeneous population", similarly to nationalism. More specifically, "regionalism refers to three distinct elements: movements demanding territorial autonomy within unitary states; the organization of the central state on a regional basis for the delivery of its policies including regional development policies; political decentralization and regional autonomy".

A central government is the government that is a controlling power over a unitary state. Another distinct but sovereign political entity is a federal government, which may have distinct powers at various levels of government, authorized or delegated to it by the federation and mutually agreed upon by each of the federated states.

An autonomous administrative division is a subnational administrative division or internal territory of a sovereign state that has a degree of autonomy — self-governance — under the national government. Autonomous areas are distinct from other constituent units of a federation in that they possess unique powers for their given circumstances. Typically, it is either geographically distinct from the rest of the state or populated by a national minority, which may exercise home rule. Decentralization of self-governing powers and functions to such divisions is a way for a national government to try to increase democratic participation or administrative efficiency or to defuse internal conflicts. States that include autonomous areas may be federacies, federations, or confederations. Autonomous areas can be divided into territorial autonomies, subregional territorial autonomies, and local autonomies.

A regional state, or a regionalised unitary state, is a term used to denote a type of state that is formally unitary but where a high degree of political power has been highly decentralised to regional governments. This contrasts with a state organized on principles of federalism where the powers of the regions are enshrined in constitutional law. In many cases, the regions are based on long standing cultural or regional divisions.

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 substates, although they have the same constitutional status. This is in contrast to symmetric federalism, where no distinction is made between constituent states. As a result, it is frequently proposed as a solution to the dissatisfaction that arises when one or more constituent units feel significantly different needs from the others, as the result of an ethnic, linguistic or cultural difference.

<span class="mw-page-title-main">Nationalities and regions of Spain</span> Constitutional status of the Spanish regions with devolved powers

Spain is a diverse country integrated by contrasting entities with varying economic and social structures, languages, and historical, political and cultural traditions. The Spanish constitution responds ambiguously to the claims of historic nationalities while proclaiming a common and indivisible homeland of all Spaniards.

A federacy is a form of government where one or several substate units enjoy considerably more independence than the majority of the substate units. To some extent, such an arrangement can be considered to be similar to asymmetric federalism.

A federal monarchy is a federation of states with a single monarch as overall head of the federation, but retaining different monarchs, or having a non-monarchical system of government, in the various states joined to the federation.

<span class="mw-page-title-main">National and regional identity in Spain</span> Overview of national and regional identity in Spain

Both the perceived nationhood of Spain, and the perceived distinctions between different parts of its territory derive from historical, geographical, linguistic, economic, political, ethnic and social factors.

<span class="mw-page-title-main">Political divisions of Spain</span>

Government in Spain is divided into three spheres or levels: the State itself, the regions or autonomous communities and local entities. These levels are not hierarchical, meaning there is no supremacy or primacy of one over the other, but rather they are separately defined by their jurisdictional powers.

Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".

<span class="mw-page-title-main">Federalism in Spain</span> Political ideology

Federalism in Spain began in the 1830s, although it has its roots in the 1790s. The first and only attempt to establish a federal state in Spain occurred during the First Spanish Republic (1873-1874). After this failure, federalism was a minority political current. In the Second Spanish Republic and in the Transition, an intermediate model was chosen between federalism and centralism — the integral state, in the first case; and the regional state in the second.

While Russia is nominally a federation, in practice it has functioned as a centralized unitary state, especially under the authoritarian regime of Vladimir Putin. Movements in Russia to establish real federalism or regional autonomy are suppressed by authorities, who label proponents of federalism as "dangerous" separatists.

References

  1. Jr, Anthony F. Lang; Wiener, Antje (2017-10-27). Handbook on Global Constitutionalism. Edward Elgar Publishing. ISBN   978-1-78347-735-7.
  2. Grimm, Dieter (2016-09-08). Constitutionalism: Past, Present, and Future. Oxford University Press. ISBN   978-0-19-109095-0.
  3. "Spain Catalonia: Court blocks independence referendum". 2017-09-08. Retrieved 2025-01-18.
  4. Popelier, Patricia; Delledonne, Giacomo; Aroney, Nicholas (2021-09-21). Routledge Handbook of Subnational Constitutions and Constitutionalism. Routledge. ISBN   978-1-000-40668-9.