Federalism

FEDERALISM:FEDERALISM:THEORY AND PRACTICE

INTRODUCTION

I . a. FEDERAL STATE-Power is divided between the Central government and Regional governments.-Power sharing between central and regional governments is written in the federal constitution and state constitutions as well-Powers could only be changed through a constitutional amendment.

I. THEORY

The Central government has the right to make decisions at all levels of government.

The Central government can decide to delegate some powers to the Regional governments, (in some case, a lot of power)

However, the Central government can decide to take these powers back.

I. b. UNITARY STATE

The balance of power in a federal system is usually not equal. (ie, Centralized or decentralized, based on objective condition)

If the Central has extreme power Unitary If the Regional has extreme power

confederation. Within a region, federalism can also be used to

divide power between the Regional government and Local governments.

The power balance between levels of governments can change over time. (e.g. US/Canada)

I. c. FEDERAL SYSTEM AND BALANCE OF POWER

In a federal system, some regional governments can have more powers than others

When the amount of autonomy regional governments have, is not the same, it is called “asymmetrical federalism”.

When the amount of autonomy regional governments have, is the same, it is called “symmetrical federalism” .

I. d. ASYMMETRICAL AND SYMMETRICAL FEDERALISM

1. To guarantee the cultures of minority groups.2. To balance majority rule with minority rights3. To give local people the power to handle local

problems4. To encourage local people to became involved

in their own government.5. To act regional or local governments as check

and balance on the federal government.

I . e PURPOSES OF FEDERALISM

EfficiencyEconomists say that having more local levels of government make decisions is more efficient than having centralized management. Regional and local governments know better what their communities need and can make policies that are appropriate for these communities.Laboratories of ExperimentationDifferent policies (for instance on health or education) can be tested in different regions. The most successful ones can then be adopted by other regions,Political EmpowermentThe act of participating in self-government improves peoples’ lives. In a large country, federalism is one way to make sure that more citizens have opportunities to govern themselves.Cultural EmpowermentThere will be more autonomy for different cultural communities ( ethnic groups, religious groups), so cultural communities feel that their cultures and traditions are respected and valued.

I. f. SOME ADVANTAGES OF FEDERALISM

Inefficiency Some economists argue that having many governments can make joint action confusing and difficult. For example, it was only in 1995 that Australian railway tracks were fully standardized, so that passengers and cargo could go from one end of the country to the other without changing trains.TyrannyCommunities in which the people in government all come from one group tend to oppress minorities. For instance, in the South of the United States, white state governments discriminated against and repressed blacks, The central government had to intervene to make sure that blacks’ rights were respected.

I. g. SOME DISADVANTAGES OF FEDERALISM

Often the Central government is worried that if they do not create a federal system, there will be armed conflict, (INDIA)

The Central government usually has more power, “holding together”

Sometimes two or more states decide to join together and form a union. (U.S)

Regional governments have more power. “Coming together”.

A federal constitution and state constitutions must be drafted and passed.

I. h. HOW IS A FEDERAL STATE CREATED?

In a federal constitution, it will also explain which levels of government have power and what the powers are of the different levels. Some federal constitutions give a lot of details about the powers each level will have. Others are less detailed.Regional (state, province) constitutions will explain how the regional government will be set up and work and the important rights citizens of that region have. It will also list the important laws for that region. Regional constitutions may also list the rights of the federal and regional governments., event though it is already in the federal constitution.

I. i. CONSTITUTION

Mostly, governments earn revenue through taxing (citizens and foreign business) and through selling natural resources,

In most federal systems, the states keep some tax money and the federal government gets some. Sometimes the federal government collects all and then returns some of it to states.

For the sales of natural resources, agreements can be made between central government and stats (40% - 60%)

I. j. FEDERALISM AND REVENUE

One way to create a closer relationship between the federal government and the state governments is to have state representative in the federal government.Executive branch: There can be a rule that a certain number of cabinet ministers must come from the different states.Legislative branch: The Legislature can have two houses, with the upper house representing the states. Within the upper house, there can be an equal number of representatives for each state or different numbers depending on population. The upper house should have relatively equal power with the lower house (ie. all important law should be passed by both the lower and the upper house).Judicial branch: Another rule can be that federal judges must come from the different ethnic states. In this way, the states feel represented at the federal government level.

I. k. RELATIONSHIP BETWEEN FEDERAL GOVERNTENT AND

STATE GOVERNMENT

II. A. BACKGROUNDPRE AND POST INDEPENDENCE PERIOD

Dogmatism Soviet Dogma Self-determination China Dogma autonomy US Dogma Bill of right Not based on ethnic, based on geography

II. PRACTICE[FEDERALISM AND MYANMAR

POLITICS]

Panglong Conference (1947) Tong Gyi Conference (1961 – 62)

II. b. PAST EXPERIENCE|CONFERENCE|

Union (Federal) Unitary Important points1.Eight States2.The equal representatives from Upper and Lower

houses.3.The equal power of both houses 4.Federal government’s legislative power (Foreign affairs, defense, finance, currency and

coinage, Postal service and telegraphs, shipping, railways, Air and water transport, judiciary , costal tax)

5.Fair distribution of revenue- 1961- Feb, Mar Yangon

II. c. FEDERAL PRINCIPLE

1963 Problem- secession 1989/90 Problem – regional development

II. d. PAST EXPERIENCE|PEACE TALK|

Whether federal or unitary Schedule one (Union Legislative List) Schedule two (Region or State Legislative List) Schedule three (Self-Administered Division or Self-

Administered Area) Schedule five (Taxes Collected by Region on State)

II. e. 2008 CONSITITUTION

Sectors Central Regional

1 Union Defence and Security Sector

2 Foreign Affairs Sector

3 Finance and Planning Sector

4 Economic Sector

5 Agriculture and Livestock Breeding Sector

6 Energy, Electricity, Mining and Forestry Sector

7 Industrial Sector

8 Transport, Communication and Construction Sector

9 Social Sector

10

Management Sector

11

Judicial Sector

II. f. 2008 CONSITITUTION (con: )

Peace Building Road Map (3 Stages)

Constitutional Amendment (USDP)

CONCLUSION