FederalismFederalism

D. Brown / Pol Sci 100D. Brown / Pol Sci 100St Francis XavierSt Francis XavierNovember 2009November 2009

What is Federalism? What is Federalism?

A type of democratic governmentA type of democratic government A philosophy of co-existence in diverse or A philosophy of co-existence in diverse or

multiple societiesmultiple societies The constitutional rule of lawThe constitutional rule of law Self rule + shared ruleSelf rule + shared rule Divided and shared sovereigntyDivided and shared sovereignty Multilevel governance Multilevel governance

Definitions and DistinctionsDefinitions and Distinctions

FederalismFederalism -- the -- the overall theoryoverall theory of shared of shared governance and social co-existencegovernance and social co-existence

FederationFederation – two or more orders of – two or more orders of government with government with equal statusequal status under a under a ConstitutionConstitution

ConfederationConfederation – a league of states with – a league of states with delegateddelegated central authority (( in Canada, the central authority (( in Canada, the original act of union in 1867))original act of union in 1867))

Why federalism?Why federalism?

Reasons related to “interests”:Reasons related to “interests”: Governing a large territory effectively and Governing a large territory effectively and

democraticallydemocratically Creating a larger economic spaceCreating a larger economic space Defence against potential enemiesDefence against potential enemies

Reasons related to “values”:Reasons related to “values”: Accommodating diverse groups, nationsAccommodating diverse groups, nations Sharing powerSharing power Creating competing power centresCreating competing power centres

Five Features of a FederationFive Features of a Federation

1. Combining shared rule and self rule 1. Combining shared rule and self rule regional governments for regional regional governments for regional

matters, laws applicable to residents within matters, laws applicable to residents within their boundariestheir boundaries

central government for general matters, central government for general matters, laws applicable to all citizens laws applicable to all citizens

2. Constitutionally protected autonomy of each 2. Constitutionally protected autonomy of each level of government , central and local.level of government , central and local.

Five Features, continuedFive Features, continued

3. A Constitution that distributes power 3. A Constitution that distributes power among two or more orders of governmentamong two or more orders of government

4. A constitutional amending formula, 4. A constitutional amending formula, preventing any one order of government preventing any one order of government from changing the constitution from changing the constitution unilaterally.unilaterally.

5. Central institutions designed in part to 5. Central institutions designed in part to represent all the units of the federation. represent all the units of the federation.

Varieties of Federations Varieties of Federations

Territorial Diversity Territorial Diversity Only:Only: United States of AmericaUnited States of America United Mexican StatesUnited Mexican States AustraliaAustralia GermanyGermany AustriaAustria

Social Diversity also:Social Diversity also: CanadaCanada SwitzerlandSwitzerland IndiaIndia MalaysiaMalaysia NigeriaNigeria BelgiumBelgium SpainSpain South AfricaSouth Africa

Multilevel GovernanceMultilevel Governance European Union:European Union:

A federal-type system where Member States have A federal-type system where Member States have a lot of power, but able to make joint decisions a lot of power, but able to make joint decisions easily.easily.

Many issues coordinated from local to regional to Many issues coordinated from local to regional to national to “supranational”national to “supranational”

Canada and elsewhere:Canada and elsewhere: Coordinated relations among governments and Coordinated relations among governments and

non-government actors to get things done together non-government actors to get things done together (without formal constitutional arrangements)(without formal constitutional arrangements)

Why did we (in Canada) create a federal Why did we (in Canada) create a federal union?union?

Defense of British North America and better Defense of British North America and better organization of imperial interestsorganization of imperial interestsFenian raids cause concernFenian raids cause concernEffect of US civil war and potential aggressionEffect of US civil war and potential aggression

Creating a continental economyCreating a continental economyBritish mercantilism endingBritish mercantilism endingReciprocity Treaty with USA ends 1866Reciprocity Treaty with USA ends 1866

To Get out of the Political Stalemate and To Get out of the Political Stalemate and Dysfunction of the 1840 union of Upper and Dysfunction of the 1840 union of Upper and Lower CanadaLower Canada

Some Key Features of the Canadian Some Key Features of the Canadian Federal System, 1867Federal System, 1867

Law-making powers divided between Federal Law-making powers divided between Federal and Provincial Legislatures, with few shared and Provincial Legislatures, with few shared or concurrent powersor concurrent powers

Executive power organized the same way at Executive power organized the same way at each level, and each government runs it own each level, and each government runs it own administration and levies its own taxes.administration and levies its own taxes.

An integrated court system, with one final An integrated court system, with one final court of appeal (Supreme Court of Canada) for court of appeal (Supreme Court of Canada) for criminal, civil and constitutional cases.criminal, civil and constitutional cases.

Key Powers allocated in the 1867 Key Powers allocated in the 1867 ConstitutionConstitution

FederalFederal Trade and CommerceTrade and Commerce Banking and MonetaryBanking and Monetary National defenceNational defence Control over Indians and Control over Indians and

their lands, the their lands, the NorthwestNorthwest

Transportation and Transportation and communicationscommunications

““Peace, Order and Good Peace, Order and Good Government” Government”

ProvincialProvincial Property and Civil Property and Civil

RightsRights Matters of a Local and Matters of a Local and

Private Nature (including Private Nature (including municipal government)municipal government)

Ownership & regulation Ownership & regulation of natural resourcesof natural resources

Education, health and Education, health and social servicessocial services

““Fiscal Federalism”Fiscal Federalism” Making sure that revenues match expenditures Making sure that revenues match expenditures

within the federation as a whole.within the federation as a whole. Central governments usually have greater Central governments usually have greater

constitutional authority to levy taxes, and are constitutional authority to levy taxes, and are in a better position to effectively collect them.in a better position to effectively collect them.

In most federations the central government In most federations the central government transfers funds to the provinces transfers funds to the provinces A) to help them with program responsibilities.A) to help them with program responsibilities. B) to even out differences between richer and B) to even out differences between richer and

poorer provincespoorer provinces

Common Political Issues in FederationsCommon Political Issues in Federations

Should provinces all have the same amount of Should provinces all have the same amount of autonomy, or should there be differences?autonomy, or should there be differences?

Should the federal government impose Should the federal government impose standards on provincial programs?standards on provincial programs?

How much money should be transferred to How much money should be transferred to provinces? How fiscally independent should provinces? How fiscally independent should they be?they be?

How do you make federal-provincial relations How do you make federal-provincial relations more open and democratic?more open and democratic?