Список предметов
Federal state
2 / 4

Federation

A federation (from the French "federation," from the Late Latin "federatio" - association, union) is a federal state consisting
of several state entities (states, cantons, lands, etc.), each of which has to a greater or lesser extent state sovereignty, its
own competence on a certain range of issues, its own system of legislative, executive, and judicial bodies, and other
features of the state.

The state entities that make up the federation are not states in the proper sense of the word. They do not possess state
sovereignty, the right to unilaterally withdraw from the union, and are legally deprived of the right to participate in
international relations.

The Main Features of a Federation

  1. Single Territory: The federation consists of the territories of the subjects of the federation, which have their own
    administrative and territorial division.
  2. General Constitution: The federation has a general constitution, and the subjects of the federation have their
    own constitutions, which endows them with constituent power.
  3. Legislative System: There is a system of legislation for the entire federation and a system of legislation for its
    subjects, which allows the subjects to issue legislative acts within their competence.
  4. Federal Parliament: The federation has a bicameral parliament and parliaments of the subjects of the federation,
    a federal government, and independent governing bodies of the subjects of the federation.
  5. Citizenship: There is citizenship of both the entire federation and its subjects; in a number of federations, dual
    citizenship is allowed (Germany, Austria).
  6. Legal and Judicial System: The subjects of the federation may have their own legal and judicial system (USA).
  7. Tax and Monetary System: There is a federal tax and monetary system.
  8. International Relations: The subjects of the federation do not possess sovereignty and are not subjects of
    international law, however, both the federation as a whole and each of its subjects may act in contractual
    international relations.
  9. Division of Powers: In a typical federation, defense and foreign policy belong to the federal government,
    education to the regions, and the right to tax is divided between both.

Types of Federations

  1. By the Method of Creation:
    • Contractual: Arise on the basis of an agreement, a treaty and are created, as a rule, "from below"
      (United Republic of Tanzania, United Arab Emirates).
    • Constitutional: Are established by adopting a constitution, are created mainly "from above" (India).
    • Constitutional-Contractual: Their majority (USA, Germany, Russian Federation, etc.).
  2. By the Method of Relations Between the Federation and Its Subjects:
    • Based on the Union: USA, Tanzania, UAE, USSR (in the past).
    • Based on Autonomy: Belgium, Austria, India, Venezuela, Pakistan.
    • Symmetric Federations: All constituent parts are entities with the same constitutional and legal status
      (Australia, Germany).
    • Asymmetric Federations: The scope of powers of different entities is not the same (India, USA).
  3. By the Method of Distribution and Exercise of Power:
    • Centralized: The subjects of the federation do not have their own constitutions and citizenship (India,
      Pakistan, Venezuela, Mexico, Argentina, Brazil).
    • Relatively Centralized: USA, Australia, Germany, Switzerland.
  4. By the Principle of Superiority or Combination of National and Territorial Approaches in Determining
    the Structure of the Federation
    :

    • Territorial Approach: USA, Australia, Austria, Germany, Argentina, Venezuela, Brazil, Mexico.

    • National Approach: India, Belgium, Nigeria, Pakistan.

    • Combination of National-Territorial and Territorial Approaches: Russia, Switzerland, Canada.

Confederation

A confederation (from the Latin "confederatio" - union, association) is a temporary union of sovereign states that have
united to achieve certain goals and jointly carry out a number of areas of state activity (national defense, foreign trade,
customs, monetary system, etc.) while maintaining complete independence in resolving other issues.

The Main Features of a Confederation

  1. Absence of a Single Territory and State Border: Common to the entire confederation.

  2. Absence of General Legislative Bodies and a System of Governance.

  3. Absence of a Constitution, System of Legislation, Citizenship, Judicial and Financial Systems: Common to
    the entire confederation.

  4. Absence of Sovereignty of the Confederation: Preservation of the sovereignty and international legal status of
    the participants of the confederation.

  5. Presence of a General Confederal Body: Consisting of delegates of sovereign states.

  6. Decisions of General Confederal Bodies: Made on the principle of consensus; in case of disagreement with it,
    the members of the confederation are not mandatory and do not entail any sanctions (the right of nullification, i.e.,
    rejection).

  7. Right to Withdraw: Each subject has the right to withdraw from the confederation.

  8. Transitional Nature: Confederations are unstable, transitional in nature: they either disintegrate or evolve into
    a federation.

The USA, the Netherlands, and Switzerland have gone through the confederation stage.

Commonwealth

A commonwealth is a rather rare association of states, even more amorphous than a confederation, but nevertheless,
an organizationally formalized association of states that act as associated participants while maintaining full sovereignty
and independence. The basis of the commonwealth, as in the case of a confederation, is an interstate treaty, a statute,
a declaration, agreements, and other legal acts. The reasons for the creation of a commonwealth can be very diverse -
economic, cultural, and others. The commonwealth is transitional in nature: it can develop into a confederation and even
a federation if the necessary prerequisites are present, or, conversely, lead to disintegration and disintegration.

Examples

  • CIS: Commonwealth of Independent States.
  • British Commonwealth of Nations.
  • European Commonwealth: In Western Europe.


 The form of the state system | Описание курса | The State