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Federalism is a mixed or compound mode of government that combines a general government with regional governments in a single political system, dividing the powers between the two. It has its roots in ancient Europe. Federalism in the modern era was first adopted in the unions of states during the Old Swiss Confederacy.
In Spain, an autonomous community is a first-level political and administrative division, created in accordance with the Spanish Constitution of 1978, with the aim of guaranteeing limited autonomy of the nationalities and regions that make up Spain.
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.
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.
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.
A unitary state is a state governed as a single entity in which the central government is the supreme authority. 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.
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess.
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.
Federalism was adopted, as a constitutional principle, in Australia on 1 January 1901 – the date upon which the six self-governing Australian Colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia federated, formally constituting the Commonwealth of Australia. It remains a federation of those six "original States" under the Constitution of Australia.
Asymmetric federalism or asymmetrical federalism is found in a federation 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 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.
Federalism in the United States is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and toward the national government. The progression of federalism includes dual, cooperative, and new federalism.
Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government. Dual federalism is defined in contrast to cooperative federalism, in which federal and state governments collaborate on policy.
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.
Coyle v. Smith, 221 U.S. 559 (1911), was a Supreme Court of the United States case that held that the newly created state of Oklahoma was permitted to move its capital city from Guthrie to Oklahoma City, notwithstanding the Enabling Act provision that prohibited it from being moved from Guthrie until after 1913.
The equal footing doctrine, also known as equality of the states, is the principle in United States constitutional law that all states admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at that time. The Constitution grants to Congress the power to admit new states in Article IV, Section 3, Clause 1, which states:
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
Federalism in Germany is made of the states of Germany and the federal government. The central government, the states, and the German municipalities have different tasks and partially competing regions of responsibilities ruled by a complex system of checks and balances.
The Enabling Act of 1906, in its first part, empowered the people residing in Indian Territory and Oklahoma Territory to elect delegates to a state constitutional convention and subsequently to be admitted to the union as a single state.
Ethnic federalism, multi-ethnic or multi-national federalism, is a form of federal system in which the federated regional or state units are defined by ethnicity. This type of federation as identified above has been implemented since the 1990s by Meles Zenawi in Ethiopia. Meles Zenawi and his government adopted ethnic federalism with the aim of establishing the equality of all ethnic groups in Ethiopia. Features of ethnic federalism have been displayed also in other countries, including Nepal, Pakistan, South Sudan, Yugoslavia, and Apartheid-era South Africa.
References
- ↑ "Symmetric Federalism Law & Legal Definition". USLegal.
- ↑ Aroney, N (18 May 2016). "TYPES OF FEDERALISM" (PDF). p. 8. Retrieved 2 May 2019.
- ↑ "Coyle v. Smith". Cornell Law Journal.