Federalism: Balancing Diversity and Unity in Governance
Federalism blends geographical variety with national cohesion. The balance
between these two concepts is reflected in the various forms of federalism, the
division of responsibilities, and the cooperative partnerships between the
federation and its member states. Political integration, cooperative federalism,
and dual federalism should all be distinguished from one another. Democratic
rule is expressed through federalism.
Term and Concept
The Latin word foedus, which meaning alliance or contract, is where the word
federalism originates. Federalism is a voluntary agreement upon the structure of
territorial governance. Individual territories pledge to work together
indefinitely; in contrast to a federation of states, this means that the
political sovereignty of the territory is constrained in favor of standardized
federal decision-making. State law yields to federal law. The federation is
expected to act with consideration for its members' decision-making processes.
The division of a political system into territorial units and the creation of a
unique constitution for each unit, founded on the concept of popular
sovereignty, are the fundamental elements of federalism.
Forms of Federalism
Federalism is invariably a trade-off between variation and homogeneity in space.
Diversity is necessary for a number of reasons. These are historical in many
cases (USA, Canada, Germany, etc.). Formerly independent areas have united to
establish a shared national territory. The member states want to preserve their
unique identities and significant areas of expertise within this "unifying
federalism." Federalism may also arise from a state's dissolution.
Unitary states are rarely stable, especially in multiethnic communities with
territorially concentrated ethnic, religious, or other minorities and/or
stateless nations (cf. Heinemann-Grüder 2011). Federalism, which can be utilized
to try to keep a state together (e.g. Belgium, Iraq, Bosnia-Herzegovina), is an
alternative to the dissolution of these states. Since the number of member
states required for federalism is not fixed, federalism also permits a flexible
differentiation of regional representation in states that now have federal
government. The need for autonomous spatial representation can be satisfied and
a state structure can be stabilized by the restructuring of federal states
(Germany) or the founding of new ones (Switzerland: Jura canton; India, for
example, Telangana became the 29th federal state in 2010).
The degree of similarity between the disparate regions of the nation determines
whether or not such an endeavor is effective, rather than the precise
configuration of federal systems. The Czechoslovak Federation (1989–1992),
Yugoslavia, and Sudan (where South Sudan gained independence in 2011) are a few
instances of failed federal nations.
Forms of the Division of Competences
Different types of federalism are constituted by the ways in which competences
are divided. Within the federal system, competencies can be assigned in
accordance with the clearest separation system conceivable, whereby member
states and the federation independently manage their own domains and collaborate
only in a limited number of well-defined areas. This translates to the entire
spectrum of federal and member state political entities. Due to dual federalism,
each level has its own constitution, government, parliament, constitutional
courts, and administrative bodies. According to the economic theory of
federalism, dual federalism is the best option (cf. Oates 1972; Sauerland 1997).
It permits competitive federalism, or territorial competition at all levels.
If successful, political experiments carried out by one member state may be
emulated by other members as well as by the federation. While it is inevitable
that some experiments will fail, the country as a whole is not harmed. Voters in
dual federalism elections are able to assign responsibility and make the
appropriate deductions (cf. Tiebout 1956). They don't have to wonder if the
state, the federation, or the EU made a particular decision. The federal state
parliaments are important since they serve as the states' own legislatures.
Markets react with matching risk premiums for individual member states seeking
loans, depending on how well or poorly federal state policy works.
Financial Federalism
The revenue systems in federal states are designed analogously to the models of
cooperative and dual federalism (see Table 2; cf. Döring 2000, who compares US
and German financial federalism). Dual federalism usually has a separate system
with both the federal and member state level having sovereignty over the
organisation of tax collection. The principle of fiscal equivalence applies (cf.
Olson 1969), which means that each political level is responsible for creating a
balance between revenue decisions and spending decisions. In cooperative
federalism, a system of tax revenue sharing and distribution can be expected, or
the exclusive right to levy taxes by the federation.
This does not exclude the possibility that, after the tax has been levied, the
revenue from a particular type of tax is allocated in advance to the member
states (revenue sovereignty). However, the decisive factor for the cooperative
federalism model is that the member states are financially dependent on the
federation or on federal legislation.
Intergovernmental relationships
There are various ways to organize cooperation between federal states and
federations. The spectrum includes working together on federal legislation in
the federal parliament's second chamber as well as casual partnerships. For
instance, in the United States, governors of federal states can only act as
legislators' advocates in Congress if they wish to sway federal legislation to
their advantage.
Alternatives have been tried in other nations, such Austria and Canada, where,
similar to the USA, the establishment of party political camps predominates and
the second chamber is excluded as a venue to bring federal state concerns into
the legislative process. Here, the leaders of the regional administrations
convene on a regular basis, occasionally with federal government representatives
as well.
Federalism and democracy
The relationship between federalism and democracy is disputed by positive
federalism theory (cf. Benz 2009). This perspective holds that all states, even
autocracies like Russia, are federal if they identify as such. Conversely,
normative federalism theory contends that federalism and democracy are
intrinsically intertwined (cf. Sturm 2015). It views federalism as a vertical
division of authority between the legislative, executive, and judicial branches
in addition to the horizontal one.
The federation's power is limited and the use of power is checked by democratic
governance inside member states. Member state parliaments reduce the distance
between electors and their representatives and help to manage policies.
Elections to member state parliaments in homogeneous federal states have also
evolved into a form of temporary election for federal policy.
Resolving Conflicts between the Federation and Member states
Formal or informal means can be used to settle disputes between the federation
and its member states on resources and interpretations of the federation's role
and function. The Supreme Federal or Constitutional Court is the formal forum
for this kind of proceeding; the court's authority to do so is derived from the
constitution. Prior to this, concessions within the legislative process are
always possible; these compromises are made possible by federalism's ability to
tolerate gradual trade-offs.
There is a finite number of stakeholders, and some concessions may be granted
today in return for other concessions down the road. The option of secession as
a conflict resolution tool is limited to situations in which the democratic
legitimacy of the federal state is seriously questioned.
Informally, coalitions made up of specialized politicians from several political
levels diffuse problems under federalism. As long as they don't just act
unilaterally as regional parties in one member state, representing specific
interests, political parties have an even greater influence. Within the context
of party competition, national parties incorporate the disparate interests of
each member states (cf. Lehmbruch 2000). They accomplish this in two ways:
first, they mediate a national compromise between the various political stances
held by the member states on a given issue; and second, they act as lobbyists
for these stances in their local party organizations, flexibly taking into
account divergent positions in individual member states.
Written By: Akanksha
Law Article in India
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