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A federation ( Latin : foedus, foederis , 'covenant'), also known as a federal state , is a type of sovereign state characterized by a political union|union of partially Federated state|self-governing states or regions united by a central (federal) government. In a federation, the self-governing status of the component states is typically constitutionally entrenched and may not be altered by a Unilateralism|unilateral decision of the central government.

The form of government or constitutional structure found in a federation is known as federalism . It can be considered the opposite of another system, the unitary state . The government of Germany with sixteen federated States of Germany|Länder is an example of a federation, whereas neighboring Austria and its States of Austria|Bundesländer was a unitary state with administrative division s that became federated, and neighboring France by contrast has always been unitary.

Federations may be Ethnic group|multi-ethnic and cover a large area of territory (eg. India ), although neither is necessarily the case. Federations are most often founded on an original agreement between a number of sovereignty|sovereign states based on mutual concerns or interests. The initial agreements create a stability that encourages other common interests, brings the disparate territories closer, and gives them all even more common ground. At some time this is recognized and a movement is organized to merge more closely. Other times, especially when common cultural factors are at play such as ethnicity and language, some of these steps in this pattern are expedited and compressed.

The international council for federal countries, the Forum of Federations , is based in Ottawa , Canada . It helps share best practice s among countries with federal systems of government, and currently includes nine countries as partner governments.

History

Several ancient chiefdoms and kingdoms, such as The 4th century BC League of Corinth , Noricum in Central Europe, and the Iroquois in pre-Columbian North America, could be described as federations or confederation s. 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 of America . Some of the New World federations failed; the Federal Republic of Central America broke up into independent states 20 years after its founding. Others, such as Argentina and Mexico , have shifted between federal, Confederation|confederal and unitary systems, before settling as federations. Brazil became a federation only after fall of Brazilian Empire|the monarchy (see States of Brazil ), and Venezuela became a federation after the Federal War .

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

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

Several dominons of the British Empire , independent during the years past World War II, became federations: Nigeria , Pakistan , India and Malaysia . Australia and Canada are independent federations, yet Commonwealth realm s.

The Forum of Federations was established in 1999 .

In some recent cases, federations have been a measure to handle with ethnic conflict within a state, such as Bosnia and Hercegovina and Federalism in Iraq|Iraq since 2005 .

Federations and other forms of state

Federations

In a federation 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 they enjoy no independent status under international law . However, German Lander do have this power, http://www.tandfonline.com/doi/abs/10.1080/09644009208404305 which is beginning to be exercised on a European level.

Some federations are called Asymmetric federation|asymmetric because some states have more autonomy than others. An example of such a federation is Malaysia , in which Sarawak and Sabah entered 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 , the latter with Germany . 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 through its history. Some present day states of the Brazilian federation retain borders set during the Portuguese colonization (i.e. previous to the very existence of Brazilian state), whereas the latest state, Tocantins (state)|Tocantins , was created by the 1988 Constitution for chiefly administrative reasons.

Seven of the top ten List of countries and outlying territories by total area|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|nation-state , 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.

Other forms of governance

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.Oxford English Dictionary

In Belgium , however, the opposite movement is under way.One of the most important recent books about the Belgian institutions, written by one of the leading French-speaking jurists concludes : Vers le confédéralisme (Toward a Confederation). See: Charles-Etienne Lagasse, ''Les nouvelles institutions politiques de la Belgique et de l'Europe'', Erasme, Namur (city)|Namur 2003, p. 603 ISBN 2-87127-783-4 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 Confederation#Belgium|confederational traits (ex. competences are exclusive for either the federal or the state level, the treaty-making power of the Federating units without almost 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.Many Flemings would prefer two states, Flanders and Wallonia, and two special regions, Brussels and the German-speaking region. In Wallonia, there is a wider support for three states : Flanders, Wallonia and Brussels.

By definition, the difference between a confederation and a federation is that the membership of the member state s in a confederation is voluntary, while the membership in a federation is not. A confederation is most likely to feature these differences over 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 Canadian Confederation|"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 or 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 in practice consist of multiple autonomous monarchy|kingdom s organised together in a federation, with a high king designated as an emperor . One example of this was Imperial Germany .

Comparison to other systems of autonomy

Federacy

A federacy 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 area s.

Devolution

A federation differs from a devolution|devolved state , such as 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 dependency|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 Monarchy of the United Kingdom|British Monarch is, ex officio , Lord of Mann (irrespective of the incumbent's sex).

Overseas territories

Overseas 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.

Alleged 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 that some modern unitary states are de facto federations.

Spain

Spain is suggested as one possible de facto federation as it grants more self-government to its autonomous communities than most federations allow their constituent parts. For the Spanish parliament to revoke the autonomy of regions such as Galicia (Spain)|Galicia , Catalonia or the Basque Country (autonomous community)|Basque Country would be a political near-impossibility, though nothing bars it legally. 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 (army, foreign relations, macroeconomic policy). For example, one scholar discusses the "federal nature of Spain's government (a trend that almost no one denies).", JUDICIAL REVIEW IN SPAIN: THE CONSTITUTIONAL COURT, 41 Loyola of Los Angeles Law Review 541, 544 (2008). Each autonomous community is governed by a Statute of Autonomy ( Estatuto de Autonomía ) under the Spanish Constitution of 1978.

People's Republic of China

In the People's Republic of China , a form of Federalism in China|de facto federation has evolved without formal legislation. This has occurred as largely informal grants of power to the provinces, to handle economic affairs and implement national policies. This has resulted in a system some have termed "de facto federalism with Chinese characteristics" (in reference to Deng Xiaoping 's policy of socialism with Chinese characteristics ). Constitutionally, the power vested in the Special Administrative Region of the People's Republic of China|special administrative region s of the People's Republic is granted from the Central People's Government , through decision by the National People's Congress . A Federal Republic of China , in effect the third Chinese Republic, has been proposed as a future replacement for the PRC.

European Union

The European Union (EU) is a type of political union or confederation . Robert Schuman , the initiator of the European Community system, wrote that a supranational Community like the Europe's founding 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.''La Communaute du Charbon et de l'Acier , p7 Paul Reuter with preface by Robert Schuman. Paris 1953. The Founding fathers of the European Union|European Founding Fathers made a Europe Declaration at the time of the signing of the Treaty of Paris (1951)|Treaty of Paris on 18 April 1951 saying that Europe should be organized on a supranational foundation. They envisaged a structure quite different from a federation called the European Political Community .

The EU is a three pillar structure of the original supranational European Economic Community and the nuclear non-proliferation treaty, Euratom , plus two largely intergovernmentalism|intergovernmental pillars dealing with External Affairs and Justice and Home Affairs. The EU is therefore not a De facto#De jure|de jure federation, although some academic observers conclude that after 50 years of institutional evolution since the Treaties of Rome it is becoming one.How the European Court of Justice|court made a federation of the EU. Josselin (U de Rennes-1/CREM) and Marciano (U de Reims CA/CNRS). 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 state s 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 State of the European Union|member state s 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.

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

Russian Federation

The Russia|Russian Federation has inherited its structure from the Russian Soviet Federative Socialist Republic (RSFSR) that was one of the 15 republics of the Soviet Union and itself was considered a federation of National delimitation in the Soviet Union#Policies of national delimitation in the Soviet Union|national territories . The RSFSR consisted of Autonomous republics of the Soviet Union#Russian SFSR|autonomous republics , which had a certain degree of autonomy, at least De facto#De jure|de jure , and of other types of administrative units ( Oblasts of the Soviet Union|oblasts and krai s ), whose status was the same as that of oblasts in other – mostly unitary – Soviet Socialist Republic s. Today's Russia is defined as a federation in its Constitution (Article 5), Article 5 of Russian Constitution. and Russia's Federal subjects of Russia|federal subjects , i.e., the constituent Republics of Russia|republics , Oblasts of Russia|oblasts , Krais of Russia|krais , the federal-level cities of Moscow and Saint Petersburg , as well as one Autonomous oblasts of Russia|autonomous oblast and four Autonomous okrugs of Russia|autonomous (national) okrugs , are equal in legal terms, save for some symbolic features allowed to republics (constitution, president, national language). Some regions ( Sakha Republic|Yakutia , December 1, 1996 CRW Flags) have concluded agreements with the Federation so as to modify the degree of their autonomy.
According to an amendment passed in December 2004, governors and presidents of Russia's constituent regions, who were previously elected by popular vote, are now proposed by the President of Russia for the approval of the local parliament, 11 December 2004. Local parliaments theoretically have the authority to reject the candidate, but if this occurs three times, the parliament may be dissolved by the President and new parliamentary elections held.

South Africa

At the end of Apartheid , the former 4 provinces ( Cape Province|Cape , Natal Province|Natal , Orange Free State Province|Orange Free State and Transvaal Province|Transvaal ) and the bantustans were converted into 9 provinces. Each province has a Provincial governments of South Africa|government constituted by an Provincial legislature (South Africa)|unicameral assembly and a executive branch with a Premier (South Africa)|Premier and Executive Council (South Africa)|Executive Council ., SouthAfrica.info

The powers of provinces are circumscribed by the Constitution of South Africa|national constitution which limits them to certain listed "functional areas". In certain cases there is a concurrence between national and provincial levels, while in others there are exclusive competences for each one. This system is known as "co-operative government".

This system would be considered as a "de facto" federation, because actually the power of provinces was given by the national government to provincial level. Moreover, the creation of a "provincial constitution" is optative, if the province government don't want do it rules additionally the national constitution.

Ultimately, unlike the majority of federal systems, South Africa has a High Courts of South Africa|single national court system , and the administration of justice is the responsibility of the national government.

Internal controversy and conflict

Certain forms of political and constitutional dispute are common to federations. One issue is that the exact division of power and responsibility between federal and regional governments is often a source of controversy. Often, as is the case with the United States, such conflicts are resolved through the judicial system, which delimits the powers of federal and local governments. The relationship between federal and local courts varies from nation to nation and can be a controversial and complex issue in itself.

Another common issue in federal systems is the conflict between regional and national interests, or between the interests and aspirations of different ethnic groups. In some federations the entire jurisdiction is relatively homogeneous and each constituent state resembles a miniature version of the whole; this is known as 'congruent federalism'. On the other hand, incongruent federalism exists where different states or regions possess distinct ethnic groups.

The ability of a federal government to create national institutions that can mediate differences that arise because of linguistic, ethnic, religious, or other regional differences is an important challenge. The inability to meet this challenge may lead to the secession of parts of a federation or to civil war , as occurred in United States and Switzerland. In the case of Malaysia , Singapore was expelled from the federation because of rising racial tension. In some cases internal conflict may lead a federation to collapse entirely, as occurred in Nigeria , the Federation of Rhodesia and Nyasaland , the United Provinces of Central America and the West Indies Federation . Somalia , despite its Transitional Federal Charter , Transitional Federal Parliament , and Transitional Federal Government , has a weak central government: since 1992, federal institutions have rarely controlled territory outside of parts of Mogadishu (though this is changing) and the Somaliland region in the northwestern part of the country is autonomous.

Federal governments

The federal government is the common or national government of a federation. A federal government may have distinct powers at various levels authorized or delegated to it by its member states. The structure of federal governments vary. Based on a broad definition of a basic federalism , there are two or more levels of government that exist within an established territory and govern through common institutions with overlapping or shared powers as prescribed by a constitution .

Federal government is the government at the level of the sovereign state . Usual responsibilities of this level of government are maintaining national security and exercising international diplomacy , including the right to sign binding treaties . Basically, a modern federal government, within the limits defined by its constitution, has the power to make laws for the whole country, unlike local government s. The United States Constitution was created to limit the federal government from exerting power over the states, but certain amendments gave the federal government considerable authority over states.

Federal government within this structure are the government ministries and departments and agencies to which the ministers of government are assigned.

For a detailed list of federated units, see Federated state#List of constituents by federation . There are 27 federations as of July 2011.Forum of federations http://www.forumfed.org/en/federalism/by_country/index.php

Contemporary

Year Est.!!Federation!!Federating Units!!Major Federating Units!!Minor Federating Units
	flag>Argentina	Provinces of Argentina	23 provinces	1 autonomous city
1901	flag>Australia	States and territories of Australia	6 states	10 territories
	flag>Austria	States of Austria	9 Länder or Bundesländer
	flag>Belgium	Divisions of Belgium	3 Communities, 3 Regions
	flag>Bosnia and Herzegovina	Divisions of Bosnia and Herzegovina	cantons )	1 district
1825	flag>Brazil	States of Brazil	26 states (Previously provinces during the monarchical period between 1822 and 1889)	1 federal district and 5,561 municipalities
1867	flag>Canada	Provinces and territories of Canada	10 provinces	3 territories
	flag>Comoros		3 islands
	flag>Ethiopia	Regions of Ethiopia	9 regions	2 chartered cities
1949	flag>Germany	States of Germany	16 Länder or Bundesländer
1950	flagicon>India India	States and territories of India	28 States	7 Union Territories, including a National Capital Territory
	flag>Iraq	Governorates of Iraq	18 provinces, including the sub-region of Iraqi Kurdistan .
	flag>Malaysia	States of Malaysia	13 states	3 federal territories
1821	flag>Mexico	States of Mexico	31 states	1 federal district
	flag>Federated States of Micronesia		4 states
	flag>Nepal	Zones of Nepal	14 zones	75 districts
	flag>Nigeria	States of Nigeria	36 states	1 territory
	flag>Pakistan	Provinces and territories of Pakistan	4 provinces	4 federal territories including a federal capital territory
1992	flag>Russian Federation	Federal subjects of Russia	21 republics, 46 oblasts , 9 krais , 1 autonomous oblast , 4 autonomous okrugs , 2 federal-level cities, Article 65 of Russian Constitution.
	flag>Saint Kitts and Nevis	Islands/ parishes of Saint Kitts and Nevis	2 islands/ 14 parishes
1910	flag>South Africa	Provinces of South Africa	9 provinces
2011	flag>South Sudan	States of South Sudan	10 states
	flag>Spain	Autonomous communities of Spain	17 autonomous communities	2 autonomous cities
	flag>Sudan	States of Sudan	17 states
	flag>Switzerland	Cantons of Switzerland	20 cantons, 6 sous-cantons
1973	flag>United Arab Emirates	Emirates of the UAE	7 emirate s
1787	flag>United States of America	States of the United States	50 states	1 federal district; 1 incorporated territory, 13 unincorporated territories
	flag>Venezuela	States of Venezuela	23 states	1 federal district, 1 federal dependency

Long form titles

Federal republic|Federal Republic of: Germany , Nigeria .

Federation : Russia , Saint Kitts and Nevis

Federative Republic of: Brazil

Republic of: Argentina , Austria , India (also called Indian Union ), Iraq , South Africa , Sudan .

Others:

* Bolivarian Republic ( Venezuela )

* Confederation ( Switzerland )

* Commonwealth ( Australia )

* British Dominions#Canada|Dominion ( Canada before 1982)

* Federal Democratic Republic ( Ethiopia , Nepal )

* Federated States ( Federated States of Micronesia|FS Micronesia )

* Federative Republic ( Brazil )

* Islamic Republic ( Pakistan )

* monarchy|Kingdom ( Belgium )

* Union ( Comoros )

* United Emirates ( United Arab Emirates )

* United Mexican States ( Mexico )

* United States of America ( United States )

None:

* Bosnia and Herzegovina (since 1997)

* Canada (since 1982)

* Malaysia

Defunct

Cameroon|Federal Republic of Cameroon (1961–1972)

United Provinces of Central America (1823 – circa 1838)

Confederate States of America (1861–1865)

United States of Colombia (1863–1886)

Czechoslovakia (1969–1992)

Federated Dutch Republic (1581–1795)

French Equatorial Africa (1910–1960)

French West Africa (1904–1958)

Inca Empire (1197–1572)

United States of Indonesia (1949–1950)

United Kingdom of Libya (1951–1963)

Federated Malay States (1896–1946)

Federation of Malaya (1948–1963)Gained independence in 1957, joined with Sabah , Sarawak , and Singapore to form Malaysia in 1963.

Mali Federation (1959–1960)

Neogranadine Confederation|New Granada (1855–1886)

Polish-Lithuanian Commonwealth (1569–1795)

Federation of Rhodesia and Nyasaland (1953–1963)

Federation of South Arabia (1962–1967)

Soviet Union|Union of Soviet Socialist Republics The USSR was a federation according to the letter of its constitution, but, at least until its final years in the late eighties and early nineties of the 20th century, its governance was highly centralised in practice. See: #Soviet Union|Soviet Union section . (1922–1991)

First Spanish Republic|Federal Republic of Spain (1873–1874)

Uganda (1962–1967)

West Indies Federation (1958–1962)

Socialist Federal Republic of Yugoslavia The Socialist Federal Republic of Yugoslavia was officially proclaimed in 1963. Prior to this, the communist Yugoslav state was named Democratic Federal Yugoslavia in 1943 and then Federal People's Republic of Yugoslavia in 1946. See: Socialist Federal Republic of Yugoslavia . (1943–1992)

Federal Republic of Yugoslavia (1992–2003)

Some of the Confederation#List of entities considered to be confederations#Confederal states|proclaimed Arab federations were confederations de facto .

Copyright Citations

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