A federated state (also state, province, region, canton, land, governorate, oblast, emirate, or country) is a territorial and constitutional community forming part of a federation. [1] A federated state does not have international sovereignty since powers are divided between the other federated states and the federal government. Unlike international sovereign states, which have what is often referred to as Westphalian sovereignty (such as exercised by their federal government), federated states operate under their domestic or federal law with relation to the rest of the world.
Importantly, federated states do not have automatic standing as entities of international law. Instead, the federal union (federation) 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 federated state may nonetheless establish offices internationally, for example, to promote trade or tourism, while still operating only within the trade policy or other applicable law of their federation, and their host country. They also may enter into international regional agreements under the laws of their federation and state, such as to protect a cross-border resource like water or other shared matters.
In some cases, a federation is created from the union of political entities that 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 administrative divisions 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.
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 terms of internal politics, federated states can have republican or monarchical forms of government. Those of republican form (federated republics) are usually called states (like states of the US) or republics (like republics in the former USSR).
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.[ citation needed ]
Federalism is a mode of government that combines a general government with regional governments in a single political system, dividing the powers between the two. Johannes Althusius is considered the father of modern federalism along with Montesquieu. Althusius notably exposes the bases of this political philosophy in Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata (1603). In The Spirit of Law, Montesquieu for his part sees examples of federalist republics in corporate societies, the polis bringing together villages, and the cities themselves forming confederations. Federalism in the modern era was first adopted in the unions of states during the Old Swiss Confederacy.
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.
The United Mexican States is a federal republic composed of 32 federal entities: 31 states and Mexico City, an autonomous entity. According to the Constitution of 1917, the states of the federation are free and sovereign in all matters concerning their internal affairs. Each state has its own congress and constitution.
Secession is the formal withdrawal of a group from a political entity. The process begins once a group proclaims an act of secession. A secession attempt might be violent or peaceful, but the goal is the creation of a new state or entity independent of the group or territory from which it seceded. Threats of secession can be a strategy for achieving more limited goals.
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.
A unitary state is a state or 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. 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 alter the statute, to override the decisions of devolved governments or expand their powers. The modern unitary state concept originated in France; in the aftermath of the Hundred Years' War, national feelings that emerged from the war unified France. The war accelerated the process of transforming France from a feudal monarchy to a unitary state. The French then later spread unitary states by conquests, throughout Europe during and after the Napoleonic Wars, and to the world through the vast French colonial empire.
A confederation is a political union of sovereign states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issues, such as defence, foreign relations, internal trade or currency, with the central government being required to provide support for all its members. Confederalism represents a main form of intergovernmentalism, defined as any form of interaction around states that takes place on the basis of sovereign independence or government.
An associated state is the minor partner or dependent territory in a formal, free relationship between a political territory and a major party—usually a larger nation.
The Constitution of the Russian Federation was adopted by national referendum on 12 December 1993. The last reform was in 2020, see 2020 amendments to the Constitution of Russia.
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 powrs 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.
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.