Federalism

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
State Government ◽  
Ethnic Diversity ◽  
Central Government ◽  
Separation Of Powers ◽  
Executive Branch ◽  
Federal State ◽  
Design Choice ◽  
Self Rule ◽  
Different Levels

This chapter deals with vertical separation of powers, in which government is separated into distinct layers, primarily in federal arrangements. A federal system guarantees territorial self-rule and a form of shared rule between the central and territorial governments. In this arrangement, different levels of government limit each other’s ambitions. The chapter first explains the fundamental features of federalism before discussing the factors that determine federalism as a design choice. It also considers the actors in federal structures, namely, national (central) government and state government, as well as the role of the executive branch in a federation. Finally, it examines models of national (federal)–state relationship, federalism as a potential solution to ethnic diversity, the controversial issue of secession in a federation, and federalism as a tool of liberty.

scholarly journals Essay: Justiciability, Federalism, and the Administrative State

2017 ◽  
Author(s):  
Zachary D. Clopton
Keyword(s):  
United States ◽  
Separation Of Powers ◽  
Federal Court ◽  
The United States ◽  
Executive Branch ◽  
Judicial Power ◽  
Federal State ◽  
State Court ◽  
Access To Justice ◽  
Advisory Opinion

103 Cornell Law Review 1431 (2018)Article III provides that the judicial power of the United States extends to certain justiciable cases and controversies. So if a plaintiff bringing a federal claim lacks constitutional standing or her dispute is moot under Article III, then a federal court should dismiss. But this dismissal need not end the story. This Article suggests a simple, forward-looking reading of case-or-controversy dismissals: they should be understood as invitations to legislators to consider other pathways for adjudication. A case dismissed for lack of standing, for mootness, or for requesting an advisory opinion might be a candidate for resolution in a state court or administrative agency. And although the Supreme Court has frequently policed the delegation of the “judicial power of the United States,” legislative delegations of non-justiciable claims should not transgress those limits. Instead, case-or-controversy dismissals imply that non-Article III options are permissible.This formulation is more than a doctrinal trick. It has normative consequences across a range of dimensions. For one thing, this approach reinvigorates the separation-of-powers purposes of justiciability doctrine by turning our attention from judges to legislators. When courts seemingly use justiciability to curtail private enforcement or access to justice, we could re-interpret the results as revealing a legislative failure to authorize non-Article III options. More affirmatively, case-or controversy dismissals could be focal points for political pressure in favor of more rigorous enforcement of important laws that the federal executive may be shirking. Further, consistent with “new new federalist” accounts, this Article suggests another avenue for federal–state interactivity in the development and enforcement of federal law. This too is of added salience given that private and state enforcement may become even more significant in light of the current occupants of the federal executive branch.

Electoral Justice in Mexico: The Role of the Electoral Tribunal under New Federalism

2003 ◽  
Vol 35 (4) ◽  
pp. 801-825 ◽  
Author(s):  
SUSANA BERRUECOS
Keyword(s):  
Central Government ◽  
Federal State ◽  
Local Elections ◽  
New Federalism ◽  
Political Pluralism ◽  
Federal Judiciary ◽  
Electoral Reforms ◽  
State And Local ◽  
The Right

‘Demanding adherence to principles is, either, to accept the federal system with all its advantages and dangers, or to denounce it frankly and proclaim the empire of central government, granting it the power to correct the abuses that local authorities might commit.’Ignacio VallartaThe annulment of the 2000 gubernatorial elections in Tabasco marked a fundamental precedent for electoral justice in Mexico and the role of the Electoral Tribunal of the Federal Judiciary (Tribunal Electoral del Poder Judicial de la Federación – TEPJF) in federal, state and local elections. Successive constitutional reforms that ended with the ‘definitive’ electoral reforms of 1996 have consolidated a regime of electoral dispute adjudication at the federal level, giving political parties the right to appeal state cases before federal authorities. Whereas a clear tendency exists towards greater decentralisation of power under ‘new federalism’, in the electoral field centralism concentrated on the TEPJF and the Supreme Court of Justice has been adopted. However, in the context of political pluralism and a more authentic federalism, the TEPJF's new role has caused conflicting reactions. Some sectors are insisting on the need to limit this institution's powers so that in the future it can only rule over subnational elections based on well-defined criteria that respect specific jurisdictional principles.

Systemic Constitutional Dysfunction

2019 ◽  
pp. 1-14
Author(s):  
Jasmine Farrier
Keyword(s):  
Separation Of Powers ◽  
Executive Branch ◽  
Federal Courts ◽  
Simple Solution ◽  
Legislative Process ◽  
Private Litigation

This introductory chapter provides an overview of congressional litigation, which provides an outlet for the frustrations and constitutional arguments of members. Members often file the lawsuit because they know the regular legislative process will stall or fail to overcome a presidential veto even if they manage to pass a bill that curtails executive branch power. Member lawsuits deserve attention individually and together as separation of powers phenomena that are distinct from private litigation on the same topics. Private suits are more likely to succeed for a variety of reasons, while member suits provide an index of constitutional dysfunction. Ultimately, member lawsuits do not offer a simple solution to past, present, or future institutional imbalances, but they certainly provide opportunity for fresh analysis on how constitutional separation of powers principles can fall apart without deep and wide support. The chapter then considers the role of federal courts in constitutional conflicts.

scholarly journals The Rise and Fall of Judicial Self-Government in Poland: On Judicial Reform Reversing Democratic Transition

2018 ◽  
Vol 19 (7) ◽  
pp. 1839-1870 ◽  
Author(s):  
Anna Śledzińska-Simon
Keyword(s):  
Decision Making ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
Executive Branch ◽  
Judicial Reform ◽  
National Council ◽  
Court Administration ◽  
The Supreme Court ◽  
The Impact

AbstractThis article argues that the establishment of the National Council of the Judiciary in 1989 and the empowerment of the general assemblies of court judges gave rise to the idea of judicial self-government in Poland. This very idea of self-government, implying that judges hold important decision-making or veto powers on matters concerning the judiciary, was regarded as a precondition of the separation of powers and judicial independence, neither of which existed under Communist rule. However, the package of laws introduced in 2017 marks the end of judicial self-government as we know it. Not only did it undermine the independence of the National Council of the Judiciary by altering the mode of electing its judicial members, but it also concentrated the power over the judiciary in the hands of the executive branch, allowing for, inter alia, the exchange of key positions in court administration and the reconfiguration of the Supreme Court. This article examines the impact of this “reform” on such values as independence, accountability, and transparency. Investigating the role of judicial self-government in ensuring the principle of separation of powers and democracy, the article concludes with an assessment of the early consequences of the introduced changes for the Polish judiciary.

scholarly journals Theoretical and methodological foundations for the study of federalism

2021 ◽  
Vol 118 ◽  
pp. 01012
Author(s):  
Vladimir Mikhailovich Platonov
Keyword(s):  
Separation Of Powers ◽  
Federal State ◽  
Russian Society ◽  
The Public ◽  
Historical Method ◽  
Historical Specificity ◽  
The Public Sphere ◽  
Definition Of ◽  
Socio Economic Factors

The purpose of the research is to determine the basic methodological rules that allow to form a science-based concept of separation of powers between the levels of government, taking into account the cultural and historical conditions of development of Russian society, the establishment in it of stable principles of relations in the public sphere, standards and stereotypes of social interaction. The research conducted on the basis of the dialectical method, which was used in combination with the systematic method, the historical method and the socio-cultural vision of political and legal phenomena, showed the following results: a) there are only general guidelines that guide states in choosing a federal model, not any of its benchmarks; b) the problem of correlation of vertical separation of powers with responsibility and cultural and historical specificity in the implementation of powers in the sphere of joint jurisdiction of the federal center and the subjects of the federation is the key one; c) significant in the methodology of the study of federalism is the assessment of the weakness of political ambitions of the power elites in relation to the role of socio-economic factors that determine the degree of effectiveness of the implementation of their powers by the subjects of public authority; d) the separation of powers in a federal state is a dynamic process, the content and direction of which are conditioned by concrete and historical tasks; e) the centralization of federal relations in Russia is a factor in their evolution and dynamics. The novelty of the research is due to the author’s approach to the substantiation of the system of methodological rules, which will ensure a) the integrity of the state, b) the need for decentralization of power on the basis of the principles of federalism, c) the definition of the principles that determine the model of separation of powers.

scholarly journals ФОРМУВАННЯ УРБАНІСТИЧНОГО ПРОСТОРУ СЛОБОЖАНЩИНИ ХVIII ст. (НА ПРИКЛАДІ ТВОРЧОСТІ Г.С. СКОВОРОДИ)

2019 ◽  
pp. 170-185
Author(s):  
О. Ю. Марчак
Keyword(s):  
Urban Space ◽  
Ethnic Diversity ◽  
Central Government ◽  
Moral Integrity ◽  
Philosophical Reflection ◽  
Educational Role ◽  
Just Society ◽  
The Russian Empire ◽  
The City

The article considers the peculiarities of the formation of the urban culture of Slobozhanshchina during the eighteenth century in the conditions of the transformation of society, changes in the way of life guidance, and beliefs of various stratums of society. It is proved that the theme of the city occupies a special place in the creative heritage of anthropocentric philosophy of Skovoroda. The philosopher shares the notion of the city as"ghrad"(staroslav.) and "city," which distinguishes the idealized rustic that opposes the "city." The educational role of Skovoroda ideas in structuring the urban space of the Slobodsky Krai in the democratic field of European tradition is shown. The Ukrainian philosopher, along with Augustine and the Blessed Utopians of the Renaissance, described his vision of the foundations of a just society as his"ghrad"(staroslav.) . Determining the role of man in the world Frying pan carries out through the philosophical reflection of the ontological external through the internal monologue of the subject. Exit from the ontological situation of violence, war, confrontation of the philosopher through the collective image of the city sees in the moral integrity of man. The analysis of the topic is carried out in the retrospect of the temporal cut of the history of the region in a plurality of political, cultural, social and multinational factors. The policy of central government in Sloboda Ukraine during the XVIII century. from the decrees of Peter I to the transformations of Catherine II, is schematically traced in parallel with the philosophical thought of the Ukrainian thinker. The emphasis is on the peculiarities of the formation of the ethnic diversity of the region. The transformation of Ukrainian society by the example of Slobozhanshchyna under the influence of the centralization policy of the Russian Empire has no direct reflection in the philosophical work of Skovoroda. Being manifestations of society - politics, economics, state reforms - through the prism of anthropo-philosophical reflection appear in the Ukrainian philosopher the concept of a redefined "inner man" with a complete Christian morality. The preconditions of formation of the urban space of Slobozhanshchyna on the example of Kharkiv due to the features of settlement, the military-democratic Cossack system and external factors of influence are considered. A set of factors of the formation of the cultural center of the Sloboda region, which created the synergy of the creation of a pro-European city

Federalism v. Individual Rights: The Legal Squeeze on Self-Incrimination

1960 ◽  
Vol 54 (4) ◽  
pp. 887-898
Author(s):  
Richard A. Watson
Keyword(s):  
State Government ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Federal State ◽  
Division Of Powers ◽  
The People ◽  
Form Of Government ◽  
Constitutional System ◽  
The Individual ◽  
The Right

This study deals with one reputed value of federalism, its service in the cause of freedom or liberty (both terms are used interchangeably here to mean an immunity from arbitrary governmental action). In particular, I shall examine one aspect of that sort of freedom in our federal system, namely, the right against self-incrimination. The general case for the peculiar virtue of our constitutional system as a means of assuring such a right was summarized by Madison:In the compound republic of America the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other at the same time that each will be controlled by itself.Passing over argument about the contribution of the separation of powers and judicial review, our attention will center on the complexities introduced by the federal division of powers. William Anderson posed the broad question some years ago: “Does federalism imply not only a division of powers between national and state government, but also a subtraction of powers from both in favor of the individual? Will there be less government in a federal than in a unitary state, or possibly even more?” And we might add—what his formulation leaves partly open—if more government, then necessarily less freedom? More explicitly, Franz Neumann has suggested recently that “whether the federal state does increase freedom cannot be abstractly determined. We have some evidence that the federal state as such (that is regardless of the form of government) has not fulfilled this role.”

scholarly journals The National People's Congress Oversight Power and the Role of the CCP

2003 ◽  
Vol 17 ◽  
pp. 6-30 ◽  
Author(s):  
Chao Chien-Min
Keyword(s):  
Central Government ◽  
Local Politics ◽  
Executive Branch ◽  
Economic Resources ◽  
Political Reforms ◽  
Legislative Oversight ◽  
Local Officials ◽  
People's Congress ◽  
Political Scene

The urbanization and the structural and institutional changes that have taken place in China in the past two decades have resulted in the collapse of the old system and the germination of a tremendous number of irregularities. To redress the malfeasance brought about by the new decentralization of economic resources, the People's Congresses (PCs) are taking the lead in another round of incremental political reforms. The combination of specialization and centralization of leadership has led to an augmentation of legislative oversight. Measures developed by the legislative institutions, such as pingyi (evaluation) and zhifa jiancha (inspection of implementation of laws), have enlivened a lethargic local political scene and given rise to the committee autonomy. These political reforms have transformed local politics forever, forcing the central government to follow suit. The urgent need for institutional mechanisms to counter the vices associated with socialist market reform has prompted the Party to turn its attention to the People's Congresses. Consequently, a Leninist party-state system has been transformed into a new system in which the Party is allied simultaneously with the executive and the legislative branches. A preliminary and limited balance of power is now emerging in which the Party is not totally immune. The newly accrued legislative powers have not only redefined the tenets of Party leadership, but also rewritten its relations with the executive branch. Although the PCs are still often barred from vital decision-making, new devices such as pingyi and zhifa jiancha are forcing some local officials to have second thoughts before straying too far from legal boundaries.

Constitutional Design and Territorial Cleavages

2019 ◽  
pp. 352-373 ◽  
Author(s):  
Tom Ginsburg
Keyword(s):  
Decision Making ◽  
International Institutions ◽  
Central Government ◽  
Constitutional Design ◽  
Government Institutions ◽  
Different Levels

This chapter considers a variety of constitutional options for resolving and managing enduring territorial cleavages. Three categories of constitutional tools are discussed: those that involve allocation of decision-making to different levels of government, including federalism, autonomy, and various forms of devolution; those that concern central government institutions, including representation of territorial interests at the center, budget redistribution, and rights; and those that allow the territorial units to exit. The chapter also explores how Constitutions deal with secession and concludes with an analysis of the role of courts in establishing and guaranteeing constitutional bargains on territory as well as the role of international institutions in helping to resolve institutional problems of territorial cleavages. It shows that a combination of representation and decentralization may be sufficient to stabilize territorial cleavages, and that the traditional rationales for federalism do not seem to fit with the resolution of territorial cleavages.

scholarly journals Avaliação escolar no contexto de novas competências

2019 ◽  
Vol 81 (197) ◽  
Author(s):  
Iza Locatelli
Keyword(s):  
Teaching And Learning ◽  
Educational Evaluation ◽  
External Factors ◽  
Federal State ◽  
Educational Systems ◽  
Main Role ◽  
School Evaluation ◽  
Internal And External Factors ◽  
Different Levels

A avaliação educacional, definida como etapa associada ao processo de formulação, implementação e monitoramento das políticas educacionais, é algo recente no Brasil. Hoje, mais do que conteúdos, são avaliadas as competências e habilidades dos alunos. Identificam-se, ainda, os fatores intra e extra-escolares que afetam positiva e negativamente o processo de ensino e aprendizagem. Apesar de todos os esforços empreendidos no aperfeiçoamento dos métodos e instrumentos utilizados na avaliação educacional em diferentes níveis (federal, estadual e municipal), é necessário reconhecer o papel central da escola como agente catalisador de mudanças dos sistemas educacionais. A avaliação interna não pode se restringir à avaliação do desempenho dos alunos, devendo coletar indicadores que permitam acompanhar, aperfeiçoar e reordenar o projeto pedagógico da escola. Nesse contexto, o diálogo envolvendo a avaliação externa e a avaliação interna, integrando alunos, professores e diretores, torna-se indispensável. Palavras-chave: avaliação educacional; avaliação escolar (interna e externa); competências; habilidades. Abstract The educational evaluation, defined as a stage associated with the process of formulation, implementation and monitoring of educational politics, is recent in Brazil. Nowadays, not only content, but also students' competencies and skills are evaluated. Yet, one identifies the internal and external factors, which affect positively and negatively the process of teaching and learning. Despite all efforts made to improve the methods and instruments utilized in the educational evaluation in different levels (federal, state and municipal scopes), it is necessary to recognize the main role of the school acting as a catalytic agent of changes within educational systems. The internal evaluation cannot be restrained to simply evaluating students' performance, yet, it must collect indicators which will allow to monitor, improve and reorder the pedagogical project of the school. In this context, the dialogue involving external and internal evaluations, integrating students, teachers and directors, becomes imperative. Keywords: educational evaluation; school evaluation (internal and external); competencies; skills.

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