Federated state

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A federated state (which may also be referred to as a state, a province , a region, a canton , a governorate , an oblast , an emirate or a country) is a territorial and constitutional community forming part of a federation. [1] Such states differ from fully sovereign states, in that they do not have full sovereign powers, as the sovereign powers have been divided between the federated states and the central or federal government. Importantly, federated states do not have standing as entities of international law. Instead, the federal union as a single entity is the sovereign state for purposes of international law. [2] Depending on the constitutional structure of a particular federation, a federated state can hold various degrees of legislative, judicial and administrative jurisdiction over a defined geographic territory and is a form of regional government.

A province is almost always an administrative division within a country or state. The term derives from the ancient Roman provincia, which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term province has since been adopted by many countries. In some countries with no actual provinces, "the provinces" is a metaphorical term meaning "outside the capital city".

A canton is a type of administrative division of a country. In general, cantons are relatively small in terms of area and population when compared with other administrative divisions such as counties, departments, or provinces. Internationally, the best-known cantons - and the most politically important - are those of Switzerland. As the constituents of the Swiss Confederation, theoretically, the Swiss cantons are semi-sovereign states.

A governorate is an administrative division of a country. It is headed by a governor. As English-speaking nations tend to call regions administered by governors either states or provinces, the term governorate is often used in translation from non-English-speaking administrations.

Contents

In some cases, a federation is created from a union of political entities, which are either independent, or dependent territories of another sovereign entity (most commonly a colonial power). [upper-alpha 1] In other cases, federated states have been created out of the regions of previously unitary states. [upper-alpha 2] Once a federal constitution is formed, the rules governing the relationship between federal and regional powers become part of the country's constitutional law and not international law.

A dependent territory, dependent area or dependency is a territory that does not possess full political independence or sovereignty as a sovereign state yet remains politically outside the controlling state's integral area.

Unitary state State governed as a single unit with a supreme central government

A unitary state is a state governed as a single power in which the central government is ultimately supreme. The central government may create administrative divisions. Such units exercise only the powers that the central government chooses to delegate. Although political power may be delegated through devolution to regional or local governments by statute, the central government may abrogate the acts of devolved governments or curtail their powers. A large majority of the world's states have a unitary system of government.

In countries with federal constitutions, there is a division of power between the central government and the component states. These entities - states, provinces, counties, cantons, Länder, etc. - are partially self-governing and are afforded a degree of constitutionally guaranteed autonomy that varies substantially from one federation to another. [upper-alpha 3] Depending on the form the decentralization of powers takes, a federated state's legislative powers may or may not be overruled or vetoed by the federal government. Laws governing the relationship between federal and regional powers can be amended through the national or federal constitution, and, if they exist, state constitutions as well.

In developmental psychology and moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be defined from a human resources perspective, where it denotes a level of discretion granted to an employee in his or her work. In such cases, autonomy is known to generally increase job satisfaction. Autonomy is a term that is also widely used in the field of medicine — personal autonomy is greatly recognized and valued in health care.

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. Concepts of decentralization have been applied to group dynamics and management science in private businesses and organizations, political science, law and public administration, economics, money and technology.

Veto legal power to unilaterally stop an official action, especially the enactment of legislation

A veto is the power to unilaterally stop an official action, especially the enactment of legislation. A veto can be absolute, as for instance in the United Nations Security Council, whose permanent members can block any resolution, or it can be limited, as in the legislative process of the United States, where a two-thirds vote in both the House and Senate will override a Presidential veto of legislation. A veto may give power only to stop changes, like the US legislative veto, or to also adopt them, like the legislative veto of the Indian President, which allows him to propose amendments to bills returned to the Parliament for reconsideration.

Differences in terminology

Federated states typically, though not necessarily, use differences in the terminology of institutions to which there is an analogous federal-level equivalent. This list is a demonstration of common—though neither exhaustive nor universal—terminology differences between the state and federal levels:

Class of institutionFederal-level titleState-level title
HEAD OF STATE
RepublicanPresidentGovernor
Republican - DeputyVice PresidentLieutenant Governor
MonarchicalQueen / KingQueen / King
Monarchical - RepresentativeGovernor GeneralGovernor / Lieutenant Governor
EXECUTIVE BRANCH
Head of Government (if any)Prime MinisterPremier
Chief Minister
Minister President
Head of DepartmentMinister / SecretaryMinister / Secretary
Commissioner
Superintendent
Executive BodyCabinetCabinet
Privy CouncilExecutive Council
Federal Government / Union GovernmentState Government
Council of MinistersBoard of Ministers / Council of Ministers
LEGISLATIVE BRANCH
Legislative BodyParliamentLegislature
CongressState Council
National AssemblyGeneral Assembly
Upper HouseSenateLegislative Council
Lower HouseHouse of RepresentativesLegislative Assembly
Chamber of DeputiesLandtag
National AssemblyHouse of Assembly
JUDICIAL BRANCH
Highest CourtSupreme CourtHigh Court
Court of Final Appeal


List of constituents by federation

The "federated units" in the table below have inherent governmental authority in the federation's constitutional system, while the "other units" are delegated authority by the federal government or are administered directly by it.

FederationFederated unitsOther units
Flag of Argentina.svg  Argentina [3] 23 provinces:
Buenos Aires Province Province of Argentina

Buenos Aires is the largest and most populous Argentine province. It takes its name from the city of Buenos Aires, the capital of the country, which used to be part of the province and the province's capital until it was federalized in 1880. Since then, in spite of bearing the same name, the province does not include Buenos Aires proper, though it does include all other parts of the Greater Buenos Aires metropolitan area. The current capital of the province is the city of La Plata, founded in 1882.

Catamarca Province Province of Argentina

Catamarca is a province of Argentina, located in the northwest of the country. The province had a population of 334,568 as per the 2001 census [INDEC], and covers an area of 102,602 km2. Its literacy rate is 95.5%. Neighbouring provinces are : Salta, Tucumán, Santiago del Estero, Córdoba, and La Rioja. To the west it borders the country of Chile.

Chaco Province Province of Argentina

Chaco, officially the Province of Chaco is a province in north-eastern Argentina.

1 autonomous city:
Flag of Australia (converted).svg  Australia [4] 6 states:
New South Wales State of Australia

New South Wales is a state on the east coast of Australia. It borders Queensland to the north, Victoria to the south, and South Australia to the west. Its coast borders the Coral and Tasman Seas to the east. The Australian Capital Territory is an enclave within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. In March 2019, the population of New South Wales was over 8 million, making it Australia's most populous state. Just under two-thirds of the state's population, 5.1 million, live in the Greater Sydney area. Inhabitants of New South Wales are referred to as New South Welshmen.

Queensland North-east state of Australia

Queensland is the second-largest and third-most populous state in the Commonwealth of Australia. Situated in the north-east of the country, it is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean. To its north is the Torres Strait, with Papua New Guinea located less than 200 km across it from the mainland. The state is the world's sixth-largest sub-national entity, with an area of 1,852,642 square kilometres (715,309 sq mi).

South Australia State of Australia

South Australia is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of 983,482 square kilometres (379,725 sq mi), it is the fourth-largest of Australia's states and territories by area, and fifth largest by population. It has a total of 1.7 million people, and its population is the second most highly centralised in Australia, after Western Australia, with more than 77 percent of South Australians living in the capital, Adelaide, or its environs. Other population centres in the state are relatively small; Mount Gambier, the second largest centre, has a population of 28,684.

10 territories:
Australian Capital Territory Federal territory of Australia, containing the capital city, Canberra

The Australian Capital Territory, formerly known as the Federal Capital Territory until 1938 and commonly referred to as the ACT, is a federal territory of Australia containing the Australian capital city of Canberra and some surrounding townships. It is located in the south-east of the country and is an enclave within the state of New South Wales. Founded after Federation as the seat of government for the new nation, all important institutions of the Australian federal government are centred in the territory.

Northern Territory Federal territory of Australia

The Northern Territory is an Australian territory in the central and central northern regions of Australia. It shares borders with Western Australia to the west, South Australia to the south, and Queensland to the east. To the north, the territory looks out to the Timor Sea, the Arafura Sea and the Gulf of Carpentaria, including Western New Guinea and other Indonesian islands. The NT covers 1,349,129 square kilometres (520,902 sq mi), making it the third-largest Australian federal division, and the 11th-largest country subdivision in the world. It is sparsely populated, with a population of only 245,800, fewer than half as many people as Tasmania.

Christmas Island Australian external territory

The Territory of Christmas Island is an Australian external territory comprising the island of the same name. Christmas Island is located in the Indian Ocean, around 350 kilometres (220 mi) south of Java and Sumatra and around 1,550 kilometres (960 mi) north-west of the closest point on the Australian mainland. It has an area of 135 square kilometres (52 sq mi).

Flag of Austria.svg  Austria [5] 9 states:
Flag of Belgium (civil).svg  Belgium [6] 3 regions: [upper-alpha 6]
3 communities: [upper-alpha 7]
Flag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina 2 entities: [upper-alpha 5] 1 self-governing district:
The Federation of Bosnia and Herzegovina is itself a federation of 10 cantons :
Flag of Brazil.svg  Brazil [7] 26 states:
1 federal district:
5,568 municipalities [upper-alpha 9]
Flag of Canada (Pantone).svg  Canada [8] 10 provinces: 3 territories:
Flag of the Comoros.svg  Comoros 3 islands: [upper-alpha 5]
Flag of Ethiopia.svg  Ethiopia [9] 9 regions: 2 chartered cities:
Flag of Germany.svg  Germany [10] 16 states:
Flag of India.svg  India [11] 28 states: 9 union territories:
Flag of Iraq.svg  Iraq [12] 19 governorates: 1 autonomous region:
Flag of Malaysia.svg  Malaysia [13] 13 states: 3 federal territories:
Flag of Mexico.svg  Mexico [14] 31 states:
1 autonomous city:
Flag of Federated States of Micronesia.svg  Micronesia [15] 4 states:
Flag of Nepal.svg    Nepal 7 provinces:
Flag of Nigeria.svg  Nigeria [16] 36 states: 1 territory:
Flag of Pakistan.svg  Pakistan [17] 4 provinces: 2 autonomous territories: [upper-alpha 5]
1 federal territory:

Proposed Flag of Islamabad Capital Territory.svg  Islamabad Capital Territory [upper-alpha 4]

Flag of Russia.svg  Russia [18] [19] 46 oblasts:
22 republics: [upper-alpha 5]
9 krais:
4 autonomous okrugs: [upper-alpha 5]
3 federal cities:
1 autonomous oblast:
Flag of Saint Kitts and Nevis.svg  Saint Kitts and Nevis 2 islands: [upper-alpha 11]
Flag of Somalia.svg  Somalia [20] [21] 6 federal member states: [upper-alpha 12]
Flag of South Sudan.svg  South Sudan 28 states:
Flag of Sudan.svg  Sudan [22] 18 states:
Flag of Switzerland.svg   Switzerland [23] 26 cantons:
Flag of the United Arab Emirates.svg  United Arab Emirates [24] 7 emirates:
Flag of the United States.svg  United States [25] 50 states: 1 federal district:
1 incorporated territory:
13 unincorporated territories:
Flag of Venezuela.svg  Venezuela [26] 23 states: 1 capital district:
1 federal dependency:

See also

Notes

  1. Examples are Australia and the United States.
  2. This occurred in Belgium in 1993. The Belgian regions had previously devolved powers.
  3. For instance, Canadian provinces and Swiss cantons possess substantially more powers and enjoy more protection against interference and infringements from the central government than most non-Western federations.
  4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Federal capital district, region or territory.
  5. 1 2 3 4 5 6 7 8 autonomous area
  6. Flanders and Wallonia are subdivided into five provinces each, which are mandated by the Constitution of Belgium. Provincial governance are the responsibility of the regional governments.
  7. The communities and regions of Belgium are separate government institutions with different areas of responsibility. The communities are organized based on linguistic boundaries, which are different from regional boundaries.
  8. The Brazilian federal district has a level of self-ruling equal to the other main federal units.
  9. Article 18 of the 1988 Brazilian Constitution treats the municipalities as parts of the federation and not simply dependent subdivisions of the states.
  10. 1 2 3 4 5 6 7 8 9 Sovereignty over territory actively disputed by another sovereign state or the international community.
  11. The federation is divided into 14 parishes, nine on Saint Kitts and five on Nevis.
  12. Adopted constitution accommodates existing regional governments, with the ultimate number and boundaries of the Federal Member States to be determined by the House of the People of the Federal Parliament.

Related Research Articles

Federalism political concept

Federalism is the mixed or compound mode of government, combining a general government with regional governments in a single political system. Its distinctive feature, exemplified in the founding example of modern federalism by the United States under the Constitution of 1787, is a relationship of parity between the two levels of government established. Federalism can thus be defined as a form of government in which there is a division of powers between two levels of government of equal status.

Administrative divisions of Mexico human settlement

The United Mexican States is a federal republic composed of 31 states and the capital, Mexico City, an autonomous entity.

Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Threats of secession can be a strategy for achieving more limited goals. It is, therefore, a process, which commences once a group proclaims the act of secession. It could involve a violent or peaceful process but these do not change the nature of the outcome, which is the creation of a new state or entity independent from the group or territory it seceded from.

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 and thus granting them a higher level of autonomy.

Federation A union of partially self-governing states or territories united by a central government that exercises power over them

A federation 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-governing status of the component states, as well as the division of power between them and the central government, is typically constitutionally entrenched and may not be altered by a unilateral decision of either party, the states or the federal political body. 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.

States of Germany First-level administrative subdivisions of the Federal Republic of Germany

Germany is a federal republic consisting of sixteen states. Since today's Germany was formed from an earlier collection of several states, it has a federal constitution, and the constituent states retain a measure of sovereignty. With an emphasis on geographical conditions, Berlin and Hamburg are frequently called Stadtstaaten (city-states), as is the Free Hanseatic City of Bremen, which in fact includes the cities of Bremen and Bremerhaven. The remaining 13 states are called Flächenländer.

A confederation is a union of sovereign states, united for purposes of common action often in relation to other states. Usually created by a treaty, confederations of states tend to be established for dealing with critical issues, such as defense, foreign relations, internal trade or currency, with the general government being required to provide support for all its members. Confederalism represents a main form of inter-governmentalism, this being defined as any form of interaction between states which takes place on the basis of sovereign independence or government.

Political divisions of Bosnia and Herzegovina political divisions

The political divisions of Bosnia and Herzegovina were created by the Dayton Agreement, which recognized a second tier of government in Bosnia and Herzegovina, comprising two entities: the Federation of Bosnia and Herzegovina (FBiH), with mostly Bosniaks and Croats, and the Republika Srpska (RS) with mostly Serbs – each governing roughly one half of the state's territory. The Federation of Bosnia and Herzegovina itself has a federal structure and consists of 10 autonomous cantons.

Federal subjects of Russia Official constitutional top-level political division of Russia

The federal subjects of Russia, also referred to as the subjects of the Russian Federation or simply as the subjects of the federation, are the constituent entities of Russia, its top-level political divisions according to the Constitution of Russia. Since March 18, 2014, the Russian Federation constitutionally has consisted of 85 federal subjects, although the two most recently added subjects are recognized by most states as part of Ukraine.

1824 Constitution of Mexico

The Federal Constitution of the United Mexican States of 1824 was enacted on October 4 of 1824, after the overthrow of the Mexican Empire of Agustin de Iturbide. In the new constitution, the republic took the name of United Mexican States, and was defined as a representative federal republic, with Catholicism as the official and unique religion. It was replaced by the Federal Constitution of the United Mexican States of 1857.

A state government is the government of a country subdivision in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or be subject to the direct control of the federal government. This relationship may be defined by a constitution.

A central government is the government that holds absolute supremacy over a unitary state. Its equivalent in a federation is the federal government, which may have distinct powers at various levels authorized or delegated to it by its federated states, though the adjective 'central' is sometimes also used to describe it.

A constituent state is a state entity that constitutes a part of a sovereign state. A constituent state holds regional jurisdiction over a defined administrative territory, within a sovereign state. Government of a constituent state is a form of regional government. Throughout history, and also in modern political practice, most constituent states are part of complex states, like federations or confederations. Constituent states can have republican or monarchical forms of government. Those of republican form are usually called states or autonomous states, republics or autonomous republics, or cantons. Those that have a monarchical form of government are often defined by traditional hierarchical rank of their ruler.

Asymmetric federalism or asymmetrical federalism is found in a federation or confederation 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. The division of powers between substates is not symmetric. 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 dissatisfactions that arise when one or two constituent units feel significantly different needs from the others, as the result of an ethnic, linguistic or cultural difference.

Granadine Confederation 1858-1863 federal republic in Central and South America

The Granadine Confederation was a short-lived federal republic established in 1858 as a result of a constitutional change replacing the Republic of New Granada. It consisted of the present-day nations of Colombia and Panama and parts of northwestern Brazil. In turn, the Granadine Confederation was replaced by the United States of Colombia after another constitutional change in 1863.

Jus tractatuum is a Legal Latin term commonly used in public international law and constitutional law that refers to the right to conclude treaties. It is usually referred to in English as treaty-making power. As defined in article 6 of the Vienna Convention on the Law of Treaties, every state possesses the capacity to conclude treaties. International organizations as well as subnational entities of federal states may have treaty-making power as well. Jus tractatuum is linked to the concept of international legal personality.

The Dominions were the semi-independent polities under the British Crown that constituted the British Empire, beginning with Canadian Confederation in 1867. "Dominion status" was a constitutional term of art used to signify an independent Commonwealth realm; they included Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State, and then from the late 1940s also India, Pakistan, and Ceylon. The Balfour Declaration of 1926 recognised the Dominions as "autonomous Communities within the British Empire", and the 1931 Statute of Westminster confirmed their full legislative independence.

References

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  2. Crawford, J. (2006). The Creation of States in International Law. Oxford, Clarendon Press.
  3. Daniel, Kate; Special Broadcasting Service Corporation (2008). SBS World Guide: The Complete Fact File on Every Country, 16th ed. Prahran, Victoria, Australia: Hardie Grant Books. p. 827. ISBN   978-1-74066-648-0. p26.
  4. SBS World Guide 2008, p38
  5. SBS World Guide 2008, p46
  6. SBS World Guide 2008, p74
  7. SBS World Guide 2008, p101
  8. SBS World Guide 2008, p132
  9. SBS World Guide 2008, p239
  10. SBS World Guide 2008, p275
  11. SBS World Guide 2008, p328
  12. SBS World Guide 2008, p346
  13. SBS World Guide 2008, p460
  14. SBS World Guide 2008, p481
  15. SBS World Guide 2008, p486
  16. SBS World Guide 2008, p537
  17. SBS World Guide 2008, p549
  18. SBS World Guide 2008, p600
  19. "Chapter 3. The Federal Structure: Article 65". The Constitution of the Russian Federation.
  20. "The Federal Republic of Somalia - Harmonized Draft Constitution" (PDF). Federal Republic of Somalia. Archived from the original (PDF) on 20 January 2013. Retrieved 2 August 2012.
  21. "Guidebook to the Somali Draft Provisional Constitution". Archived from the original on 20 January 2013. Retrieved 2 August 2012.
  22. SBS World Guide 2008, p687
  23. SBS World Guide 2008, p700
  24. SBS World Guide 2008, p760
  25. SBS World Guide 2008, p774
  26. SBS World Guide 2008, p798