Member Statesfederal constitutionIt stipulates that it should set up its own legislature and executive organ, formulate its own constitution and laws, and exercise its functions and powers within its own jurisdiction.In some federal countries, the Constitution also stipulates that,member stateMay have direct relations with foreign countries.[1]
(1) It's aboutautonomy, decentralizedDiversityOfconstitutionalismArrangements.It has two basic construction principles. First, we should formulate a constitution with strict amendment proceduresgovernmentDivision of state power with constituent units (states, provinces, states).National government managementnational defense、International RelationsThe government of each constituent unit shall manage special matters closely related to the people of the whole country and requiring centralized management, such as the unified market, and other general matters closely related to the people of each constituent unit and capable of being managed separately.Second, the people of all constituent units have the right to autonomy or self-organization.
(2) Members of the parliament and heads of the government of the constituent units are composed of local peopleelectionGenerate.
(3) The constituent units of most federal countries have their own constitutions, which stipulateForm of government organization。
(4) In addition, there are two important principles of federalism:the bicameral system, one of which is elected according to the proportion of the population, and the other is composed of representatives elected or appointed by the constituent units;
(5) In case of power conflict between the Federation and various constituent units, the independent judicial body - the Federal Supreme Court orConstitutional CourtRuled in accordance with the Constitution.
Features
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First, there is an alliance between the whole country and its components. The federal government exercises national sovereignty and is the main body of foreign exchanges.
Second, the Federation has the highest legislative, executive and judicial organs of the state, which exercise the highest power of the state and lead its members.
Third, countries that implement federalism agree with the unified federal constitution and comply with the unified laws representing national interests.
Fourth, each member of the Federation has its own legislative, administrative and judicial organs, its own constitution, laws and unified nationality, and manages its own domestic public administration affairs such as finance, taxation, culture and education.
Fifth, the division of powers between the Federation and its member states is stipulated by the Federal Constitution.In case of conflict between the federal constitution and the constitutions of member states, the federal constitution and laws shall prevail.
MyanmarNominally a federal state, now known as“Republic of the Union of Myanmar”。But sinceWu NaiwenAfter General Ne Win seized power in the 1962 coup and abolished the then federal constitution, the country has actually become a unitary state.
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A unitary state is divided into various local administrative divisions, while a federal state is composed of various federal members.Local administrative divisions are the result of regional division by the state according to the ruling needs and certain principles. National sovereignty precedes each administrative division.The federal members are the member units that exist before the federal state.
The comparison list of the two systems is as follows:
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Federation: "United States"
Confederation: "The Union of Nations"
Range
The scope of the federation is small, and there is no federation in the federation
The scope of the Confederacy is large, and there are federations in the Confederacy
mechanism
The Federation has its own legislature and central government
The confederation has no supreme legislative or executive organ of the federation, and its main body is the confederation's parliament or the summit of member states
powers
The Federation has its own constitution and laws, and its status is higher than that of its constituent units;The states participating in the federation may formulate their own constitutions and laws in accordance with the federal constitution, and exercise their powers in their own jurisdictions
The activities of the Confederacy are limited to specific aspects. The resolutions of its summit must be approved by the member states before they can enter into force, but they have no legal effect. The member states are still sovereign independent countries
international intercourse
The federation is the subject of international exchanges, but some federal countries also allow members to have certain diplomatic rights
The Confederacy is not the subject of international exchanges. Its member states maintain their independence in internal affairs and diplomacy, and those with the nature of sovereign entities are still member states
Similarities
In terms of the form of national structureCompound system, can be transformed into each other under certain conditions
For example, with the further concentration and unification of social economy and politics, the United States, Switzerland and Germany, which once belonged to the Confederation, were reorganized into federations.On the contrary, the former Soviet Union, which belonged to the federation, became the CIS at the end of 1991 (in fact, it has become a loose confederation)
origin
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brief introduction
Nowadays, most of the federal states in the world are united on the basis of the existing small republican political system, and some of them deconstruct or reconstitute the former unitary state into a federal republic through political reform.The federalism originated from the deep need of small republics in the past to enhance military strength and seek common development. Its historical origin can be traced back toancient GreekThe alliance of the city states, even in the Bible era.
Bible records
According to the Bible, in order to get rid ofEgyptian PharaohRuling and fighting against foreign gangs formed a close alliance (12th century BC - 722 years).The city-state countries of ancient Greece formed the famous Amphetevine Alliance and fought with Persia. In the late Greek period, there was another famousAchaean League Etoria Alliance.The name of the Alliance is symphonia, which means "common civil and political life".This tradition of alliance continued in medieval and modern Europe.
Since the 9th centuryGerman Confederation It was the longest existing and largest alliance at that time.In 1291, in order to resistHabsburg DynastyThe three autonomous cities of China and Europe signed a permanent alliance treaty, forming the Swiss Alliance, which later developed to 13 members.In the 16th century, in the era of the religious reform, facing the dual persecution of the Catholic Church and the secular regime, Protestants formed the Netherlands Union Province, which quickly became strong.But these alliances are not federations in the modern sense. Compared with the latter, they are loose and fragile. Scholars call them "confederacy" to show the difference.This is very important and will be further explained below.
Ancient Confederacy
In history, the first purpose of the Confederacy was common defense, followed by common development.As an alliance between countries, the Confederation is actually an intergovernmental organization that directs its members to take joint actions and coordinate their relations.Their organizational form is generally very simple. The most important institution is usually a parliament composed of representatives of member states, without administrative and judicial departments.
The Confederation also had no complete power in foreign affairs, and its members had military strength and high diplomatic independence.This is a "government" that takes the sovereign state government as the management object, and cannot be fragile.Turning over their history, although we can see the remarkable benefits brought by the alliance and even the glorious chapter of defeating the powerful enemy, there are also suspicions, injustices, fights, civil unrest, splits, and tragedies of being alienated and conquered by external forces everywhere.
Modern federalism
Federalism is a close and modern new community formed through institutional innovation after learning the lessons of the past federalism.Its invention right belongs to the United States.The 1787 Constitution of the United States used the principle of a sovereign republic to organize government to design a common political organization, clearly divided the power of the community and its constituent units, gave the community sufficient means to pursue the benefits of unity, and established a complete common government that directly exercises power over citizens and has three powers,Thus, for the first time in history, the Confederation was transformed into a federation - a united country.
