Federation

:This article is about federal states. For alternative meanings, see Federation (disambiguation).

Constitutional structure

Division of powers

In a federation, the division of power between federal and regional governments is usually outlined in the constitution. It is in this way that the right to self-government of the component states is usually constitutionally entrenched. Component states often also possess their own constitutions which they may amend as they see fit, although in the event of conflict the federal constitution usually takes precedence.

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In almost all federations the central government enjoys the powers of foreign policy and national defence. Were this not the case a federation would not be a single sovereign state. Beyond this the precise division of power varies from one nation to another. The United States Constitution provides that all powers not specifically granted to the federal government are retained by the states. The Constitution of Canada, on the other hand, provides the opposite: that powers not explicitly granted to the provincial governments are retained by the federal government. In Germany, the division of powers is less one of content than of administration: the federal government often merely issues broad directives to the Länder (self-governing regions), which then have broad discretion as to how to implement them. In the People's Republic of China, regarded by some as a de facto although not de jure federation, the central government sets up general economic policy and goals, and leaves the implementation to provincial governments.

Related Topics:
United States Constitution - Constitution of Canada - Länder - De facto - De jure

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Where every component state of a federation possesses the same powers, we are said to find 'symmetric federalism'. Asymmetric federalism exists where states are granted different powers, or some possess greater autonomy than others do. This is often done in recognition of the existence of a distinct culture in a particular region or regions. In Spain, "historical communities" such as Navarre, Catalonia, and the Basque Country have more powers than other autonomous communities, partly to deal with their distinctness and to appease nationalist leanings, partly out of respect of privileges granted earlier in history.

Related Topics:
Asymmetric federalism - Navarre - Catalonia - Basque Country

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It is common that during the historical evolution of a federation there is a gradual movement of power from the component states to the centre, as the federal government acquires additional powers, sometimes to deal with unforeseen circumstances. The acquisition of new powers by a federal government may occur through formal constitutional amendment or simply through a broadening of the interpretation of a government's existing constitutional powers given by the courts.

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Organs of government

The structures of most federal governments incorporate mechanisms to protect the rights of component states. One method, known as 'intrastate federalism', is to directly represent the governments of component states in federal political institutions. Where a federation has a bicameral legislature the upper house is often used to represent the component states while the lower house represents the people of the nation as a whole. A federal upper house may be based on a special scheme of apportionment, as is the case in the senates of the United States and Australia, where each state is represented by an equal number of senators irrespective of the size of its population.

Related Topics:
Intrastate federalism - Bicameral - Upper house - Lower house - Apportionment - Senate

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Alternatively, or in addition to this practice, the members of an upper house may be indirectly elected by the government or legislature of the component states, as occurred in the United States prior to 1913, or be actual members or delegates of the state governments, as, for example, is the case in the German Bundesrat. The lower house of a federal legislature is usually directly elected, with apportionment in proportion to population, although states may sometimes still be guaranteed a certain minimum number of seats.

Related Topics:
1913 - German Bundesrat

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In Canada, the provincial governments represent regional interests and negotiate directly with the central government. A First Ministers conference of the prime minister and the provincial premiers is the de facto highest political forum in the land, although it is not mentioned in the constitution.

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Federations often have special procedures for amendment of the federal constitution. As well as reflecting the federal structure of the state this may guarantee that the self-governing status of the component states cannot be abolished without their consent. An amendment to the constitution of the United States must be ratified by three-quarters of either the state legislatures, or of constitutional conventions specially elected in each of the states, before it can come into effect. In referenda to amend the constitutions of Australia and Switzerland it is required that a proposal be endorsed not just by an overall majority of the electorate in the nation as a whole, but also by separate majorities in each of a majority of the states or cantons.

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Some federal constitutions also provide that certain constitutional amendments cannot occur without the unanimous consent of all states or of a particular state. The US constitution provides that no state may be deprived of equal representation in the senate without its consent. In Australia, if a proposed amendment will specifically impact one or more states than it must be endorsed in the referendum held in each of those states. Any amendment to the Canadian constitution that would modify the role of the monarchy would require unanimous consent of the provinces. The German Basic Law provides that no amendment is admissible at all that would completely abolish the federal system.

Related Topics:
Monarchy - German Basic Law

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Other technical terms

• Fiscal federalism - federalism involving the transfer of funds between different levels of government.
• Formal federalism (or 'constitutional federalism') - the delineation of powers is specified in a written constitution.
• Executive federalism (also known as 'administrative federalism').