Federation

  Federal states
The pathway of regional integration or separation

A federation (also known as a federal state) 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, 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. It is often argued that federal states where the central government has the constitutional authority to suspend a constituent state's government by invoking gross mismanagement or civil unrest, or to adopt national legislation that overrides or infringe on the constituent states' powers by invoking the central government's constitutional authority to ensure "peace and good government" or to implement obligations contracted under an international treaty, are not truly federal states.

The governmental or constitutional structure found in a federation is considered to be federalist, or to be an example of federalism. It can be considered the opposite of another system, the unitary state. France, for example, has been unitary for multiple centuries. Austria and its Bundesländer was a unitary state with administrative divisions that became federated through the implementation of the Austrian Constitution following the 1918 collapse of Austria-Hungary. Germany, with its 16 states, or Bundesländer, is an example of a federation.

Federations are often multiethnic and cover a large area of territory (such as Russia, the United States, Canada, India, or Brazil), but neither is necessarily the case. The initial agreements create a stability that encourages other common interests, reduces differences between the disparate territories, and gives them all even more common ground. At some time, that is recognized and a movement is organized to merge more closely. At other times, especially when common cultural factors are at play such as ethnicity and language, some of the steps in this pattern are expedited and compressed.[citation needed]

Several ancient chiefdoms and kingdoms, such as the 4th-century BCE League of Corinth, Noricum in Central Europe, and the Haudenosaunee Confederation in pre-Columbian North America, could be described as federations or confederations. The Old Swiss Confederacy was an early example of formal non-unitary statehood.

Several colonies and dominions in the New World consisted of autonomous provinces, transformed to federal states upon independence (see Spanish American wars of independence). The oldest continuous federation, and a role model for many subsequent federations, is the United States. Some of the New World federations failed; the Federal Republic of Central America broke up into independent states less than 20 years after its founding. Others, such as Argentina and Mexico, have shifted between federal, confederal, and unitary systems, before settling into federalism. Brazil became a federation only after the fall of the monarchy, and Venezuela became a federation after the Federal War. Australia and Canada are also federations.

Germany is another nation-state that has switched between confederal, federal and unitary rules, since the German Confederation was founded in 1815. The North German Confederation, the succeeding German Empire and the Weimar Republic were federations.

Founded in 1922, the Soviet Union was formally a federation of Soviet republics, autonomous republics and other federal subjects, though in practice highly centralized under the government of the Soviet Union. The Russian Federation has inherited a similar system.

Nigeria, Pakistan, India and Malaysia became federations on or shortly before becoming independent from the British Empire.

In some recent cases, federations have been instituted as a measure to handle ethnic conflict within a state, such as Bosnia and Herzegovina, and Iraq since 2005.

With the United States Constitution having become effective on 4 March 1789, the United States is the oldest surviving federation. On the other end of the timeline is Nepal, which became the newest federation after its constitution went into effect on 20 September 2015.

Federations and other forms of state

A map of Argentina, showing its twenty-three constituent provinces and the Autonomous City of Buenos Aires
A map of the United Mexican States (Mexico), showing its thirty-one constituent states and Mexico City
A map of the United States of America showing its fifty constituent states and the Federal District
A map of India, showing its twenty-eight states (except Telangana) and seven union territories (including the National Capital Territory of New Delhi).

Federations

The component states are in some sense sovereign, insofar as certain powers are reserved to them that may not be exercised by the central government. However, a federation is more than a mere loose alliance of independent states. The component states of a federation usually possess no powers in relation to foreign policy and so enjoy no independent status under international law. However, German Länder have that power,[1] which is beginning to be exercised on a European level.

Some federations are called asymmetric because some states have more autonomy than others. An example of such a federation is Malaysia, in which Sarawak and Sabah agreed to form the federation on different terms and conditions from the states of Peninsular Malaysia.

A federation often emerges from an initial agreement between a number of separate states. The purpose can be the will to solve mutual problems and to provide for mutual defense or to create a nation-state for an ethnicity spread over several states. The former was the case with the United States and Switzerland. However, as the histories of countries and nations vary, the federalist system of a state can be quite different from these models. Australia, for instance, is unique in that it came into existence as a nation by the democratic vote of the citizens of each state, who voted "yes" in referendums to adopt the Australian Constitution. Brazil, on the other hand, has experienced both the federal and the unitary state during its history. Some present day states of the Brazilian federation retain borders set during the Portuguese colonization (before the very existence of the Brazilian state), whereas the latest state, Tocantins, was created by the 1988 Constitution for chiefly administrative reasons.

Seven of the top eight largest countries by area are governed as federations.

Unitary states

A unitary state is sometimes one with only a single, centralised, national tier of government. However, unitary states often also include one or more self-governing regions. The difference between a federation and this kind of unitary state is that in a unitary state the autonomous status of self-governing regions exists by the sufferance of the central government, and may be unilaterally revoked. While it is common for a federation to be brought into being by agreement between a number of formally independent states, in a unitary state self-governing regions are often created through a process of devolution, where a formerly centralised state agrees to grant autonomy to a region that was previously entirely subordinate. Thus federations are often established voluntarily from 'below' whereas devolution grants self-government from 'above'.

It is often part of the philosophy of a unitary state that, regardless of the actual status of any of its parts, its entire territory constitutes a single sovereign entity or nation-state,[citation needed] and that by virtue of this the central government exercises sovereignty over the whole territory as of right. In a federation, on the other hand, sovereignty is often regarded as residing notionally in the component states, or as being shared between these states and the central government.[citation needed]

Confederation

A confederation, in modern political terms, is usually limited to a permanent union of sovereign states for common action in relation to other states.[2] The closest entity in the world to a confederation at this time is the European Union. While the word "confederation" was officially used when the present Canadian federal system was established in 1968, the term refers only to the process and not the resulting state since Canadian provinces are not sovereign and do not claim to be. In the case of Switzerland, while the country is still known as the Swiss Confederation (Confoederatio Helvetica, Confédération suisse) this is also now a misnomer since the Swiss cantons lost their sovereign status in 1848.[3]

In Belgium, however, the opposite movement is under way.[4] Belgium was founded as a centralised state, after the French model, but has gradually been reformed into a federal state by consecutive constitutional reforms since the 1970s. Moreover, although nominally called a federal state, the country's structure already has a number of confederational traits (ex. competences are exclusive for either the federal or the state level, the treaty-making power of the Federating units almost without any possible veto of the Federal Government). At present, there is a growing movement to transform the existing federal state into a looser confederation with two or three constitutive states and/or two special regions.[5]

A confederation is most likely to feature three differences when contrasted with a federation: (1) No real direct powers: many confederal decisions are externalised by member-state legislation; (2) Decisions on day-to-day-matters are not taken by simple majority but by special majorities or even by consensus or unanimity (veto for every member); (3) Changes of the constitution, usually a treaty, require unanimity.

Over time these terms acquired distinct connotations leading to the present difference in definition. An example of this is the United States under the Articles of Confederation. The Articles established a national government under what today would be defined as a federal system (albeit with a comparatively weaker federal government). However, Canadians, designed with a stronger central government than the U.S. in the wake of the Civil War of the latter, use the term "Confederation" to refer to the formation or joining, not the structure, of Canada. Legal reforms, court rulings, and political compromises have somewhat decentralised Canada in practice since its formation in 1867.

Empire

An empire is a multi-ethnic state, multinational state, or a group of nations with a central government established usually through coercion (on the model of the Roman Empire). An empire often includes self-governing regions, but these will possess autonomy only at the sufferance of the central government. On the other hand, a political entity that is an empire in name, may comprise several partly autonomous kingdoms organised together in a federation, with the empire being ruled over by an emperor or senior king (great king, high king, king of kings...). One example of this was the German Empire (1871-1918).

Comparison with other systems of autonomy

Federacy

A federacy[6] is essentially an extreme case of an asymmetric federation, either due to large differences in the level of autonomy, or the rigidity of the constitutional arrangements. The term federacy is more often used for the relation between the sovereign state and its autonomous areas.

Devolution

A federation differs from a devolved state, such as Indonesia, the United Kingdom and the Kingdom of Spain, because, in a devolved state, the central government can revoke the independence of the subunits (Scottish Parliament, Welsh National Assembly, Northern Ireland Assembly in the case of the UK) without changing the constitution.

Associated states

A federation also differs from an associated state, such as the Federated States of Micronesia (in free association with the United States) and Cook Islands and Niue (which form part of the Realm of New Zealand). There are two kinds of associated states: in case of Micronesia, association is concluded by treaty between two sovereign states; in case of Cook Islands and Niue, association is concluded by domestic legal arrangements.

Crown dependencies

The relation between the Crown dependencies of the Isle of Man and the bailiwicks of Guernsey and Jersey in the Channel Islands and the United Kingdom is very similar to a federate relation: the Islands enjoy independence from the United Kingdom, which, via The Crown, takes care of their foreign relations and defence – although the UK Parliament does have overall power to legislate for the dependencies. However, the islands are neither an incorporated part of the United Kingdom, nor are they considered to be independent or associated states. The Isle of Man does not have a monarch, per se; rather, the British Monarch is, ex officio, Lord of Mann (irrespective of the incumbent's sex).

Dependent territories

Dependent territories, such as the British overseas territories, are vested with varying degrees of power; some enjoy considerable independence from the sovereign state, which only takes care of their foreign relations and defence. However, they are neither considered to be part of it, nor recognised as sovereign or associated states.

De facto federations

The distinction between a federation and a unitary state is often quite ambiguous. A unitary state may closely resemble a federation in structure and, while a central government may possess the theoretical right to revoke the autonomy of a self-governing region, it may be politically difficult for it to do so in practice. The self-governing regions of some unitary states also often enjoy greater autonomy than those of some federations. For these reasons, it is sometimes argued[by whom?] that some modern unitary states are de facto federations.

De facto federations, or quasi-federations, are often termed "regional states".

Spain

Spain is suggested as one possible de facto federation[by whom?] as it grants more self-government to its autonomous communities[7][8] than are retained by the constituent entities of most federations.[citation needed] For the Spanish parliament to revoke the autonomy of regions such as Galicia, Catalonia or the Basque Country would be a political near-impossibility, though nothing bars it legally. The Spanish parliament has, however, suspended the autonomy of Catalonia in response to the Catalan declaration of independence, in the lead up to the 2017 Catalan election.[9] Additionally, some regions such as Navarre or the Basque Country have full control over taxation and spending, transferring a small payment to the central government for the common services (military, foreign relations, macroeconomic policy). For example, scholar Enrique Guillén López discusses the "federal nature of Spain's government (a trend that almost no one denies)."[10] Each autonomous community is governed by a Statute of Autonomy (Estatuto de Autonomía) under the Spanish Constitution of 1978.

South Africa

Provinces of South Africa.


Although South Africa bears some elements of a federal system, such as the allocation of certain powers to provinces, it is nevertheless constitutionally and functionally a unitary state.[11]








European Union

The European Union (EU) is a type of political union or confederation (the assemblage of societies or an association of two or more states into one state).[12] Robert Schuman, the initiator of the European Community system, wrote that a transnational Community like the founding of the European Coal and Steel Community lay midway between an association of States where they retained complete independence and a federation leading to a fusion of States in a super-state.[13] The Founding Fathers of the European Union wrote the Europe Declaration (Charter of the Community) at the time of the signing of the Treaty of Paris on 18 April 1951 saying that Europe should be organised on a transnational foundation. They envisaged a structure quite different from a federation called the European Political Community.[citation needed]

The EU is a three-pillar structure of the original supranational European Economic Community and the nuclear non-proliferation treaty, Euratom, plus two largely intergovernmental pillars dealing with External Affairs and Justice and Home Affairs. The EU is therefore not a de jure federation, although some[who?] academic observers conclude that after 50 years of institutional evolution since the Treaties of Rome it is becoming one.[14] The European Union possesses attributes of a federal state. However, its central government is far weaker than that of most federations and the individual members are sovereign states under international law, so it is usually characterized as an unprecedented form of supra-national union. The EU has responsibility for important areas such as trade, monetary union, agriculture, fisheries. Nonetheless, EU member states retain the right to act independently in matters of foreign policy and defense, and also enjoy a near monopoly over other major policy areas such as criminal justice and taxation. Since the Treaty of Lisbon, Member States' right to leave the Union is codified, and the Union operates with more qualified majority voting (rather than unanimity) in many areas.[citation needed]

By the signature of this Treaty, the participating Parties give proof of their determination to create the first supranational institution and that thus they are laying the true foundation of an organized Europe. This Europe remains open to all nations. We profoundly hope that other nations will join us in our common endeavour.

— Europe Declaration, signed by Konrad Adenauer (West Germany), Paul van Zeeland, Joseph Meurice (Belgium) Robert Schuman (France) Count Sforza (Italy) Joseph Bech (Luxembourg) and Dirk Stikker, J. R. M. van den Brink (The Netherlands).[15]

Europe has charted its own brand of constitutional federalism.

— European Constitutionalism Beyond the State. Edited with Marlene Wind (Cambridge Univ. Press, 2003) page 23, Joseph H. H. Weiler

Those uncomfortable using the "F" word in the EU context should feel free to refer to it as a quasi-federal or federal-like system. Nevertheless, for the purposes of the analysis here, the EU has the necessary attributes of a federal system. It is striking that while many scholars of the EU continue to resist analyzing it as a federation, most contemporary students of federalism view the EU as a federal system. (See for instance, Bednar, Filippov et al., McKay, Kelemen, Defigueido and Weingast)

—  R. Daniel Kelemen

A more nuanced view has been given by the German Constitutional Court.[16] Here the EU is defined as 'an association of sovereign national states (Staatenverbund)'.[17] With this view, the European Union resembles more of a confederation.

People's Republic of China

Constitutionally, the power vested in the special administrative regions of the People's Republic is granted from the Central People's Government, through decision by the National People's Congress. However, there have been certain largely informal grants of power to the provinces, to handle economic affairs and implement national policies, resulting in a system some have termed federalism "with Chinese characteristics".[18]

Myanmar

Constitutionally a unitary state, the political system in Myanmar bears many elements of federalism. Each administrative divisions have its own cabinets and chief ministers, making it more like a federation rather than a unitary state.

Other Languages
Afrikaans: Federasie
Alemannisch: Bundesstaat
العربية: دولة اتحادية
aragonés: Federación
asturianu: Federación
azərbaycanca: Federasiya
Bân-lâm-gú: Liân-pang
беларуская: Федэрацыя
беларуская (тарашкевіца)‎: Фэдэрацыя
български: Федерация
Boarisch: Bundesstoot
bosanski: Federacija
brezhoneg: Stad kevreadel
català: Federació
čeština: Federace
español: Federación
Esperanto: Federacio
euskara: Federazio
فارسی: فدراسیون
føroyskt: Sambandsríki
français: État fédéral
galego: Federación
한국어: 연방제
հայերեն: Դաշնություն
hrvatski: Federacija
Ilokano: Pederasion
Bahasa Indonesia: Federasi
íslenska: Sambandsríki
italiano: Stato federale
עברית: פדרציה
Basa Jawa: Federal
қазақша: Федерация
Kiswahili: Shirikisho
kurdî: Federasyon
Latina: Foederatio
lietuvių: Federacija
Limburgs: Fidderasie
lumbaart: Federaziun
magyar: Föderáció
македонски: Федерација
Bahasa Melayu: Persekutuan
日本語: 連邦
norsk nynorsk: Føderasjon
Nouormand: Fédéthâtion
occitan: Federacion
polski: Federacja
português: Federação
română: Federație
Scots: Federation
shqip: Federata
sicilianu: Fidirazzioni
Simple English: Federation
سنڌي: وفاق
slovenčina: Federácia
slovenščina: Federacija
Soomaaliga: Federaalka
српски / srpski: Федерација
srpskohrvatski / српскохрватски: Federacija
Basa Sunda: Féderal
svenska: Federation
Tagalog: Pederasyon
татарча/tatarça: Federativ däwlät
Türkçe: Federasyon
Türkmençe: Federasiýa
اردو: وفاق
Tiếng Việt: Liên bang
Winaray: Federasyon
粵語: 聯邦
Zazaki: Federasyon
中文: 联邦制