Federal Systems

Exclusive and Shared Competences in Federal Systems

In relation to the exclusive and shared competences in federal systems and constitutional law, José Maria Serna de la Garza[1] made the following observation: The term federalism refers to an organizational form that can be adopted by a state, whose basic characteristic is the vertical separation of powers among different levels of government. This state form has been the object of countless studies and analysis from a wide variety of perspectives; studies that have tried to shed light on the nature and the operation of an institutional structure under which at least 25 national political communities exist today: South Africa, Germany, Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Canada, (…)

Representation of Component Federal Units in Federal Systems

In relation to the representation of component federal units in federal systems and constitutional law, Jan Amilcar Schmidt[1] made the following observation: Federalism has been defined as the combination of constitutionally guaranteed shared-rule and self-rule among a number of sub-units jointly constituting the federation (Kincaid in Griffiths (ed) 8–9). Thus, sovereignty is divided between the national (federal) level and the component federal units (often referred to as states) (Watts (2008) 8–9) (see also political philosophy of federalism). Federal systems are very often the result of compromise among competing groups. In some federations, the compromise is about different cultural interests. (…)

Resources

Notes and References

1. Max Planck Encyclopedia of Comparative Constitutional Law, Jan Amilcar Schmidt, “Representation of Component Federal Units in Federal Systems” (2018, Germany, United Kingdom)

See Also

• Federal constitutions
• Jurisdiction
• Delegation of power
• Delegated powers
• Political philosophy of federalism

Resources

Notes and References

1. Max Planck Encyclopedia of Comparative Constitutional Law, José Maria Serna de la Garza, “Exclusive and Shared Competences in Federal Systems” (2018, Germany, United Kingdom)

See Also

• Delegated powers
• Fiscal federalism
• Federal judicial systems
• State Sovereignty
• Rights of States
• Political philosophy of federalism