Federalism: Concepts,

Comparative Advantages
and Power Shifts
What is Federalism?
Itis a form of government
where sovereignty is
constitutionally shared
between central
governing authority and
constituent political units
called states or regions.
Three Models of Federalism
Dual Federalism assumes states and national
government are more or less equals, with each
level of government having separate and
distinct functions and responsibilities.
Cooperative Federalism, as term implies,
involves cooperation by all branches of
government. This model views national and
state governments as complementary parts of
single governmental mechanism, purpose of
which is to solve public issues and problems
together.
New Federalism shifts from nation-centered
federalism to state-centered federalism.
Concept of Federalism
A federal system of government allows political
and cultural interests of regional groups to be
reflected in the laws governing those groups.
Federalism is a process of unifying power within a
cluster of states and decentralizing power within
the unified state.
Such concept suggests each identifiable tier of
government has unique attributes, challenges
and resources, and therefore has comparative
advantage in the performance of some functions
and in carrying out specific responsibilities for
meeting adequately needs of the citizenry.
Main Arguments for Federal
System
Competition of multiple sub-
national governments
Fiscal federalism
Veto points
Accountability
Size of government
Following Madisons Idea of
Federal Structure
Itcould be concluded largeness of size
and heterogeneity of constituency
leads to greater transparency, greater
publicity, and more effective political
competition. If so, the ideal of political
accountability depends upon political
structures that may be maintained at
local level.
Philosophy of Federalism
Federalism is a system of shared sovereignty between
two levels of government, one national and one
subnational-occupying the same geographic region.
For system to be truly federal, powers of both national
units (central government) and sub-national units (state
government) must be specified and limited.
The appeal of federalism retains state powers and local
traditions while establishing strong national government
capable of handling common problems, such as national
defense. A federal form of government also furthers
goal of creating division of powers.
Federation as Institutional
Arrangement
Federation is a specific organizational form
which includes structures, institutions,
procedures and techniques.
Somehow, federation involves regional
economic and political integration.
Intergovernmental cooperation to full
integration of sovereign states under
stronger federal government.
Some Federal Models
Westminster Model such as Canada
(Constitutional Monarchy)
ConstitutionalFederal Republic ( United
States of America)
Hybrid Model of Germany-Federal System
Autonomous Regions of Spain
Constitutional Monarchy of Malaysia
Cantons of Switzerland
Commonwealth of Australia-Federal
Government and States
Fundamental Issues of Federalism
How much power should federal
government have and state government
rings always the bell of public discussion.
In what manner allocation, taxing and
regulatory powers should be distributed
among orders of government.
What is the future design of federal
government and how it looks like according
to political, social, economic, geographical
and ethnic considerations.
Prerequisites for
Federalization
Security
Prosperity
Commonness or
Familiarity
Geographic Proximity
Division of Powers and
Responsibilities
National
government focuses only on interests with
nationwide bearing: foreign policy and defense, for
example.
Autonomous regions or states, divided further into
local government units, will have primary
responsibility over developing industries, public
safety, education, healthcare, transportation,
recreation, and culture. These states will have more
power over finances, development plans, and laws
exclusive to their jurisdiction.
 Powers Delegated Federalis Powers
Reserved to
to Federal
Government
m States
Declare war
Create and maintain Raise taxes
Establish and
armed forces Provide
maintain schools
Establish foreign public Regulate trades
policy welfare
within states
Regulate interstate Criminal
Conduct elections
and foreign trade justice
Make copy right and Provide for public
Borrow
patent laws safety
money Provide welfare and
Establish post office Charter
Coin money and public health
banks Establish local
punish
Build roads
counterfeiters governments
Structural Characteristics of
Federations
Two orders of government, each in direct contact with its
citizens;
Constitutional sharing of legislative and executive powers,
and sharing of revenues between two orders of government
to ensure each sector of true autonomy;
Designated representation of regional opinions (usually the
Upper Chamber or Senate);
Supreme written constitution;
Arbitration mechanism like federal courts or referendum to
resolve intergovernmental disputes;
Procedures and institutions designed to facilitate
intergovernmental collaboration in cases of shared domains
or inevitable overlapping of responsibilities.
In most federal systems, constituent units are
considered to be equal and have same legislative
powers.
Asymmetric division of powers in order to reflect
differences among constituent units. These differences
can be territorial, demographic, linguistic, cultural or
religious.
One approach consists of increasing federal
government's authority in regions where state's or
province's capacity to exercise legislative authority is
less advanced or is temporarily undermined.
Another approach is to provide one or several states
or provinces more autonomy than others in order
to protect distinctive characteristics and interests
of those states affected. Malaysian system illustrates this
level of autonomy for states of Sabah and Sarawak.
 Countries That Have Federal System Today

Country Population Size (In Millions)

Argentina 41.3
Australia 21.5
Austria 8.2
Brazil 201.1
Canada 33.8
Ethiopia 88.0
Germany 82.3
India 1,173,1
Malaysia 26.2
Mexico 112.5
Nigeria 152.2
Pakistan 177.3
Switzerland 7.6
United States 310.2
Venezuela 27.2
Source: Central Intelligence Agency, 2014)
Principal Types of Decentralized
Arrangements
Delegation: Allocation of power by the center to other levels of
government in what remains essentially unitary state, in which
center retains authority to withdraw delegated power or to direct
its use.
Devolution: Conferral of legislative and executive and sometimes
judicial power on other levels of government giving them
substantial autonomy, without complete surrender of, formal
control by the center.
Regional autonomy: Conferral on one or more regions of greater
degree of self-governing authority than is conferred on other parts
of the state.
Federation: Division of governing authority between the centre
and one or more other orders of government giving each of them
final autonomy in their own areas of responsibility.
The Proposed Federal
Government of the Philippines
PhilippineSenate Resolution No. 10 (Filed
on April 23, 2008 by Senator Aquilino Q.
Pimentel Jr. et. al.) proposes for the shift
from unitary-presidential form to federal
system of government.
The proposed new government system to
establish Federal Republic of the Philippines.
Federal policy to accelerate
economic development.
It is a policy of State to accelerate
country's economic development, among
other things, by converting the nation
into Federal Republic with 11 States in
addition to Federal Administrative Region
of Metro-Manila thereby enabling them to
establish their own centers of finance
and development and help dissipate the
causes of unrest and rebellion in the
land.
Federal Congress
Federal legislative power is vested in Congress composed
of Senate and House of Representatives.
Every State shall be represented by six senators elected by
qualified voters in state-wide elections (75 Senators).
Citizens overseas shall be represented by nine senators (9)
elected by qualified voters working or residing in foreign
countries as defined by law.
House of Representatives shall be composed of not more
than three hundred fifty (350).
Fifty representatives shall be elected through party-list
system of registered federal or regional sectoral parties or
organizations.
Executive power is vested in the
President of the Federal Republic.
There shall be Vice-president who shall have same
qualifications and be elected with the President as prescribed
by Federal Constitution.
The President and the Vice-president shall be voted as a team.
The vote for presidential candidate shall automatically be
counted as vote for his or her vice presidential candidate if the
latter belongs to same party, aggrupment or coalition of parties
as the former does.
A vote for vice presidential candidate in a ballot that does not
contain vote for presidential candidate shall be counted
automatically as vote for the presidential candidate who is
officially the running mate of vice presidential candidate
concerned.
Federal Supreme Court
Supreme Court shall exercise powers and discharge functions
vested upon it by the Constitution.
Supreme Court shall assign division of Intermediate Appellate
Court to hold office permanently in every State.
Supreme Court shall assign division of Sandiganbayan to hold
office in Federal Administrative Region; the State of Northern
Luzon; the State of Minparom; the State of Central Visayas, and
the State of Northern Mindanao. Division of Intermediate Appellate
Court to hold office permanently in every State.
Members of Supreme Court and Judges of lower courts shall be
appointed by President from a list of, at least, three nominees
prepared after appropriate public hearings by Integrated Bar of
the Philippines and approved by Commission on Appointments
pursuant to its rules.
State Legislature
Every State shall have unicameral legislature.
Every State Legislature shall be composed of three
representatives for each province and each city located
within territorial boundaries of State who shall be elected by
members of Sangguniang Panlalawigan and Sangguniang
Panlunsod from among their members.
In addition, three representatives coming from sectors of
farmers, fisherfolk and senior citizens shall be nominated and
appointed as provided for by law.
One shall be nominated by majority vote of the opposition or
coalition of opposition parties.
Sectoral Representatives
Sectoralrepresentation shall be appointed by State
Governor within one week after submission of
nominations to his or her office by Sangguniang
Panlalawigan and the Sangguniang Panlungsod
concerned. In the succeeding sectoral
representation, the manner of election shall be
provided by state legislature.
Anymember of State Legislature may be recalled by
majority vote of members of the Sangguniang
Panlalawigan or Sangguniang Panlungsod
concerned.
State Executive Department
State executive power is vested in the
State Governor.
There shall be State Vice-Governor who
shall have same qualifications as the
State Governor.
The power of the President to exercise
general supervision over local
government units applies only to the
States.
Tax Revenue Sharing among the
Federal and State Governments
All revenues and taxes collected by local government
units or by national government agencies in
accordance with Local Government Code of 1991,
Republic Act No. 7160, shall be divided in the
following manner: twenty percent (20%) shall accrue
to Federal Government and eighty percent (80%) to
the States.
Thirty percent (30%) shall pertain to the State
concerned and seventy percent (70%) shall be
apportioned among provinces, cities, municipalities
and barangays according to formula stated in Local
Government Code of 1991.
Here's how the Philippines may look like as
laid out in Senator Pimentel's 2008 Joint
Resolution Number 10.
Vital Significance of Federalism
Locals decide for themselves.
More power over funds, resources.
Promotes specialization.
Possible solution to Mindanao conflict.
Decongestion of Metro Manila.
Lessen dependence on Metro Manila.
Brings government closer to the people.
Encourages competition.
Fiscal Disparity
Through fiscal autonomy for
state governments, federalism
will more evenly distribute
country's wealth. In 2015, 35%
of national budget went to
Metro Manila even if it
represents only 14% of the
Philippine population.
Advantages of Federalism
Distribution of Power
Competition
Balance
Diversity
More democracy
Citizen-oriented
Identity
Autonomy
Unique development
Federalism promotes more democratic space
for decision making at the local level.
Diversity of cultures, resources, needs and
priorities which exist among states is
respected and variations in laws and rules are
recognized to accommodate differences.
Federalism permits experimentation and
adaptation.
Intergovernmental cooperation is encouraged
with efficient and effective use of executive,
legislative and judicial resources based on
comparative advantages of levels of
government.
Citizens of each state are given greater stake
in political decision making.
US Constitutional Federal Republic
United States is based on Constitution
which is the supreme law.
As federal, central or federal government
shares responsibility and powers with state
governments and local governments.
As republic, ultimate power within the
American system rests with the people.
Federal and State Governments Structure:
Executive, Legislative and Judiciary
The Case of Federal and Centralized
Government
India: A national multiparty coalition formed government
following elections of 2004. Federalism has facilitated multiparty
competition and politics of coalition-building, as smaller parties
gain credibility and expand electoral support within each state.
Indias federal structure has stimulated remarkable capacity for
innovation, for example in terms of diverse strategies of economic
policy or in language policy.
Bangladesh: By contrast, Bangladesh state has always
centralized power. The two major parties in the country remain in
confrontational mode under dynastic leaders, gaining power from
patron-client relationships which protect and reward supporters.
Intolerance, corruption and malfeasance are rife. Deep-seated
political instability ensued consequential of highly centralized
political control.
French Fifth Republic
Fifth Republic of France has semi-presidential style of parliamentary government characterized
by dual executive: executive power is being shared by President of Republic and Prime Minister.
The President is Head of State and is elected for five years by direct universal suffrage. His
functions and powers include being arbiter of Constitution, presiding over Cabinet meetings,
promulgating laws, calling for referendums, dissolving Parliament, being Commander of armed
forces, and negotiating or ratifying treaties.
The Prime Minister is Head of Government, who is appointed by President after legislative
election is held for National Assembly. His functions and powers include directing actions of
government, being responsible for national defense, ensuring execution of laws, and exercising
regulatory and appointment powers. He is to form Council of Ministers which shall help him to
deliberate policies and decisions.
The French Parliament is bicameral, consisting of National Assembly and Senate. The
Parliament makes laws, controls government budget and oversees government policy. National
Assembly Deputies are elected by direct universal suffrage while Senators are indirectly elected
by electoral college. Only National Assembly can compel government to resign when it produces
motion of censure or vote of no confidence.
Argentina: The Great Influence of Provincial
Actors
Federal democracy with presidential form of government and
bicameral legislature. Federation consists of 23 provinces and a
semi-autonomous federal capital. There were 14 provinces at
the time original Constitution was signed in middle of
nineteenth century indicating provinces are parties to
constitutional compact: they pre-existed and constituted
national government.
In these exchanges, president and provincial actors trade
support for policies devised at national level for fiscal transfers.
Congress is seldom arena where such transactions take place.
Instead, it formalizes deals President, provincial governors and
interest groups strike in informal arenas.
Provincial viability is sufficient condition to be player in national
electoral politics.
Political Regime of Malaysia
Malaysia is a federal state which consists of 13
states and 1 federal territory (Wilayah Persekutuan)
with three components, city of Kuala Lumpur,
Labuan, and Putrajaya.
The chief of state is the King who is chosen based on
principle of rotation among 9 Sultans at the Sultans
Conference. The tenure is 5 years, and its position is
ceremonial. The head of government is the Prime
Minister who must be member of lower house.
Malaysia: Westminster
Parliamentary System
Malaysia has bicameral Parliament consisting of nonelected
upper house and elected lower house.
The upper house has 70 seats, of which 44 are designated
by the King and 26 appointed by state parliaments. The
lower house has 222 seats, all of which are occupied by
those who won by direct election.
Political regime of Malaysia can be defined as pseudo-
democracy with Malay-dominant political regime backed by
Constitution, enduring suppression of civil rights to criticize
government, and de-facto one-party system.
Basic Elements of Westminster
System
Head of state, different from head of government, and who may
possess reserve powers, which are not normally exercised, and
whose role is largely ceremonial.This is a monarch or his governor
general.
Head of government usually a Prime Minister or Premier or First
Minister who is appointed by head of state, by convention, must
have support of majority of members of Parliament.
Elected legislature, or system in which one house is elected and
the other appointed.
Lower House can dismiss a government.
Parliamentary privilege,which allows legislature to discuss any
issue deemed relevant, without fear of consequences stemming
from defamatory statements or records.
Contingent on Choice of Constitutional
Institutions
Whether a country becomes unitary or
federal depends partly on a countrys
colonial heritage, its size and heterogeneity,
and on patterns of government that obtain
in a regional or historical context.
In some instances, for example, federal
institutions have been chosen because of
their anticipated success in resolving
conflict among heterogeneous groups (e.g.,
Canada, India, Switzerland, the United
States).
David Hume once said:
In a large government, which is
modeled with masterly skill, the
parts are so distant and remote,
that it is very difficult, either by
intrigue, prejudice, or passion, to
hurry them into any measures
against public interest.
End of Presentation
and Thank You