Sociology and Criminology-Open Access
Open Access

Federalism and its Constitutional Structure

George Eliot^{* *}Correspondence: George Eliot, Department of Economics, University of Tennessee, Knoxville, USA, Email:

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About the Study

Federalism is a type of government where two levels of power share jurisdiction over a single area. Smaller subdivisions, states, and cities frequently address local issues, whereas a bigger territorial area is typically controlled more thoroughly by an overarching national government.

Structure of the constitution

Division of powers: The constitution of a federation often specifies the allocation of authority between the federal and regional administrations. Nearly every nation permits some level of regional autonomy, but in federations, the component states' right to self-government is firmly enshrined in the constitution. Many component states also have their own constitutions, which they are free to change as they see appropriate; nevertheless, in cases of controversy, the federal constitution normally prevails.

Bicameralism: Most federal governments have built-in safeguards to defend the rights of their constituent states. To directly represent the governments of the constituent states in federal political institutions is one strategy, referred to as "intrastate federalism." When a federation has a bicameral legislature, the lower house typically represents the people of the country as a whole while the upper body frequently represents the component states. As is the case in the senates of the United States and Australia, where each state is represented by an equal number of senators regardless of the size of its population, a federal upper chamber may be founded on a special scheme of apportionment.

Intergovernmental relations: In Canada, the provinces represent local interests and engage in direct negotiations with the federal government. Despite not being listed in the constitution, a First Ministers conference between the prime minister and the provincial premiers serves as the country's de facto highest political forum.

Constitutional change: The federal constitution amendment process is frequently special in federations. This may ensure that the component states' ability to exercise self-government without their approval while also representing the state's federal structure. Before become effective, an amendment to the US constitution must be passed by three-quarters of the state legislatures or of the specially elected constitutional conventions in each state.

A proposal must have support from majorities in each of the states or cantons as well as the nation's electorate as a whole in order to be approved in referendums to change the constitutions of Australia and Switzerland. This latter condition is referred to as a double majority in Australia.

Potential disputes

It has been discussed that it gives some groups the ability to pass laws at the subnational level, federalism and other kinds of territorial autonomy are effective ways to organize political systems in order to reduce bloodshed among various groups inside nations. However, other academics have insisted that federalism produces proto-states; it can split nations apart and precipitate state collapse.

Others have demonstrated that federalism is only polarizing when it is devoid of mechanisms that foster political party competition across regional boundaries. Federalism is sometimes seen as "the best system for integrating multiple nations, ethnic groups, or belligerent parties, all of whom may have reason to dread domination by an unduly powerful centre" in the context of international negotiations. However, individuals who are wary of federal regulations occasionally think that greater regional autonomy could result in secession or the division of the country. For instance, federalization plans in Syria have fallen flat in part due to "Syrians' fear that these frontiers may end up being identical to those that the battling groups have currently carved out."