Compiled and Circulated by : Rajasree Debnath, Associate Professor, Dept. of Political Science
Narajole Raj College
Study Notes : Subject – Political Science (CC), 4thSem, C8T
Chapter : VI Federalism : Historical Concept of Federation and Confederation, Debates around territorial division of Power
Federal political systemare often viewed as combining ‘unity with diversity’
Federal political systems come in different forms : i) ‘from below’ through the consent of the constituent units such as, in the United States of America and Switzerland etc. and ii) ‘from above’ through imposition from the ‘centre’ or outside forces like Germany after the Second World War, post-Franco Spain or Belgium etc.
Federalism: The term “Federalism” is derived from the Latin word
‘foedus’ meaning compact, covenant, agreement.
It is most commonly used to denote an organizational principle of a political system, emphasizing both vertical power-sharing across different levels of governance (centre-region) and at the same time, the integration of different territorial and socio-economic unit, cultural and ethnic groups in a single polity.
Historical Concept of Federalism: In the early seventeenth century, an initial concept of federalism was conceived by Johannes Althusius in direct contrast to Jean Bodin’s theory of absolute sovereignty ( for which unitary Government is an inevitable element). Althusius advocated a multi-layer polity with family and kinship, guilds and states. He is regarded as the “Father of modern Federal Pol.
Thought.
The modern concept of federalism was originated from the theory of Separation of Powers by Montesquieu. The USA federal system is considered as the first modern federal government (1789) but it was neither planned nor having any structure defined by the constitution. In fact, the structure of American federal system has evolved over a period of time as a result of the Supreme Court’s interpretation of the provisions of the constitution dealing with federal and state power.
i) Pre- Federalism period - 1775-1789, ) Pre- Federalism period - 1775-1789, ii) Dual Federalism - 1789-1865,
, iii) Dual Federalism Part II - 1865-1901 iv) Co-operative Federalism - 1901-1960, v) Creative Federalism - 1960 - 1968,
vi) Contemporary Federalism - 1970-1997, and vii) Progressive Federalism – 2009 - present
According to eminent political analyst Eugene Boyd, American federalism have been shaped for a long time and as the outcome of the interactions of different issues and events.
Confederation: Confederation is a union of groups of states where the central government is weak but the state governments are strong. In a confederation , the state or local government enjoy supreme power or sovereignty whereas the national government only wields power granted by the states. Even most of the confederations have allowed the local governments to nullify a federal law within its own territory.
Commonwealth of independent states, union state, European union are the examples of present confederation.
Most of the confederations gradually turned into federations , Swiss Cantons turned into Switzerland, Modern German Federation preceded by German confederation, Articles of Confederations (1781 -89) gave birth to the constitution of United States
Confederation Federalism 1. Confederations are voluntary
associations of independent states.
1.Federation of States is formed when a group of states united /motivated by political, economic or cultural issues.
2. The states are united to secure common interest.
2.Regional similarity or uniqueness is often act as a guiding force to form federalism.
3. Units of confederations are agreed to certain limitations on their freedom of action.
3.Units or States of Federalism do not enjoy sovereignty.
4. States under confederation are bound to consult with others before taking decision.
4.Central or national government acts as the machinery to implement
important policies or to supervise joint activities.
5. Confederation allows its units to maintain Defence and Foreign policy independently.
5.Both central and state governments enjoy independent areas of
administration.
6. Confederations often turn 6. Units of Federalism are bonded
Into Federations. By written constitution.
Differences between the Confederation and Federalism
Debates around territorial division of power
The formation and existence of federal political system is depended on the issue of Division of Power.” Division of Power” between member units and center in Federal political order is discussed elaborately in ‘Federalism’ (Stanford Encyclopedia). The main issues are as follows,
How to solve the problem overlapping jurisdiction by the two types of governments, The issue of maintaining democratic control and finally
Who shall have the authority to revise the constitutionally embedded division of power.
How power should be allocated between member units and the center,
Debates are going on and constructive and scientific debates and discussions can throw lights on the future of federal political system.
