Federated state

Last updated
Federated states of various types exist within many of the modern federal states (represented in green) Map of unitary and federal states.svg
Federated states of various types exist within many of the modern federal states (represented in green)

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.

Contents

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). [A] In other cases, federated states have been created out of the administrative divisions of previously unitary states. [B] 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. [C] 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).

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.[ citation needed ]

FederationFederated unitsOther units
Flag of Argentina.svg  Argentina [3] 23 provinces:
1 autonomous city:
Flag of Australia (converted).svg  Australia [4] 6 states: 3 internal territories:
7 external territories:
Flag of Austria.svg  Austria [5] 9 states:
Flag of Belgium (civil).svg  Belgium [6] 3 regions: [E]
3 communities: [F]
Flag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina 2 entities: [G] 1 self-governing district:
The Federation of Bosnia and Herzegovina is itself a federation of 10 cantons :
Flag of Brazil.svg  Brazil [8] 26 states:
1 federal district:
Flag of Canada (Pantone).svg  Canada [9] 10 provinces: 3 territories:
Flag of the Comoros.svg  Comoros 3 islands: [G]
Flag of Ethiopia.svg  Ethiopia [10] 12 regions: 2 chartered cities:
Flag of Germany.svg  Germany [11] 16 states:
Flag of India.svg  India [12] 28 states: 8 union territories:
Flag of Iraq.svg  Iraq [13] 18 (official) governorates: 1 federal region:
  • Flag of Kurdistan.svg  Kurdistan Region [J] (overlaps the area of Duhok, Erbil, and Sulaymaniyah—including Halabja—governorates)
Flag of Malaysia.svg  Malaysia [14] 13 states: 3 federal territories:
Flag of Mexico.svg  Mexico [15] 31 states:
1 autonomous city:
Flag of the Federated States of Micronesia.svg  Micronesia [16] 4 states:
Flag of Nepal.svg    Nepal 7 provinces:
Flag of Nigeria.svg  Nigeria [17] 36 states: 1 territory:
Flag of Pakistan.svg  Pakistan [18] 4 provinces: 2 autonomous territories: [G]
1 federal territory:

Proposed Flag of Islamabad Capital Territory.svg  Islamabad Capital Territory [D]

Flag of Russia.svg  Russia [19] [20] 48 oblasts:
24 republics: [G]
9 krais:
4 autonomous okrugs: [G]
3 federal cities:
1 autonomous oblast: [G]
Flag of Saint Kitts and Nevis.svg  Saint Kitts and Nevis 1 autonomous island:
Saint Kitts:
Flag of Somalia.svg  Somalia [21] [22] 6 federal member states: [L]
Flag of South Sudan.svg  South Sudan 10 states: [23] 3 administrative areas: [23]
Flag of Sudan.svg  Sudan [24] 18 states: 1 special administrative status area: [25]
Flag of Switzerland (Pantone).svg   Switzerland [26] 26 cantons:
Flag of the United Arab Emirates.svg  United Arab Emirates [27] 7 emirates:
Flag of the United States.svg  United States [28] 50 states: 1 federal district:
1 incorporated territory:
13 unincorporated territories:
  • Flag of American Samoa.svg  American Samoa
  • Flag of Guam.svg  Guam
  • Flag of the Northern Mariana Islands.svg  Northern Mariana Islands
  • Flag of Puerto Rico.svg  Puerto Rico
  • Flag of the United States Virgin Islands.svg  U.S. Virgin Islands
  • Minor outlying islands:
Flag of Venezuela.svg  Venezuela [29] 23 states: 1 capital district:
1 federal dependency:

See also

Notes

  1. Examples are Australia, Canada 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 Federal capital district, region or territory.
  5. Flanders and Wallonia are subdivided into five provinces each, which are mandated by the Constitution of Belgium. Provincial governance is the responsibility of the regional governments.
  6. 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.
  7. 1 2 3 4 5 6 7 autonomous area
  8. The Brazilian federal district has a level of self-ruling equal to the other main federal units.
  9. 1 2 3 4 5 6 7 8 Sovereignty over territory actively disputed by another sovereign state or the international community.
  10. Has the authority to manage its internal affairs, provided it does not conflict with the provisions of the constitution of Iraq and/or the exclusive jurisdiction of the federal government.
  11. 1 2 3 4 5 6 Claimed by Ukraine and considered by most of the international community to be part of Ukraine.
  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

<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">Sovereignty</span> Supreme authority within a territory

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.

<span class="mw-page-title-main">Administrative divisions of Mexico</span> The United States of Mexico

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.

<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.

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.

<span class="mw-page-title-main">Constitution of Russia</span> Principles, institutions and law of political governance in Russia

The Constitution of the Russian Federation was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The latest significant reform occurred in 2020, marked by extensive amendments that altered various sections, including presidential terms, social policies, and the role of Russian law over international ones..

A state government is the government that controls a subdivision of a country 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 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.

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.

References

  1. The Australian National Dictionary: Fourth Edition, pg 1395. (2004) Canberra. ISBN   978-0-19-551771-2.
  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. Archived from the original on 2021-07-27. Retrieved 2020-11-11.
  4. SBS World Guide 2008, p38
  5. SBS World Guide 2008, p46
  6. SBS World Guide 2008, p74
  7. "Decision of the Constitutional Court of the Federation of Bosnia and Herzegovina on Canton 10". Constitutional Court of the Federation of Bosnia and Herzegovina. Archived from the original on 31 July 2020. Retrieved 3 February 2020.
  8. SBS World Guide 2008, p101
  9. SBS World Guide 2008, p132
  10. SBS World Guide 2008, p239
  11. SBS World Guide 2008, p275
  12. SBS World Guide 2008, p328
  13. SBS World Guide 2008, p346
  14. "CONSTITUTION (AMENDMENT) ACT 2022" (PDF). Attorney General's Chambers of Malaysia. January 25, 2022. Retrieved April 24, 2024.[ permanent dead link ]
  15. SBS World Guide 2008, p481
  16. SBS World Guide 2008, p486
  17. SBS World Guide 2008, p537
  18. SBS World Guide 2008, p549
  19. SBS World Guide 2008, p600
  20. "Chapter 3. The Federal Structure: Article 65". The Constitution of the Russian Federation. Archived from the original on 2018-12-25. Retrieved 2010-07-11.
  21. "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.
  22. "Guidebook to the Somali Draft Provisional Constitution". Archived from the original on 20 January 2013. Retrieved 2 August 2012.
  23. 1 2 Mednick, Sam (2020-02-23). "After 6 years of war, will peace finally come to South Sudan? | News". Al Jazeera. Archived from the original on 2020-08-20. Retrieved 2021-12-07.
  24. SBS World Guide 2008, p687
  25. "Sudan: Protocol on the resolution of Abyei conflict – Sudan". ReliefWeb. 26 May 2004. Archived from the original on 2021-10-21. Retrieved 2021-10-21.
  26. SBS World Guide 2008, p700
  27. SBS World Guide 2008, p760
  28. SBS World Guide 2008, p774
  29. SBS World Guide 2008, p798