Second Class Self - Rule
Second ClassSelf - Rule
Second ClassSelf Rule
Distribution of Powers
Shared Rule Self RuleConstitution
Basic Elements of Federalism
Main Questions:
Purpose of DistributionWho decides?
Concept and Technique of Distribution
Criteria‘s
What is distributed
Distribution to - Whom? - What entities? - Border-lines?Asymmetric Distribution
Who decides
Constitution maker
Federal LegislatureBothCourt (US, EU)
Common Law: Family Law, Property Law, Contract, Criminal Law, Procedure, commercial law etc.
Purpose of Distributionand Criteria’s
LegitimacyDiversity
Efficiency
DemocracyJustice
Financial CapacityNeed for Coordination
Interest of the task limited to the region
Need for a uniform solution
Closeness to local population
Subsidiary PrincipleCommerce ClauseNecessary and Proper Clause
Purpose Criteria’s Principles
What is distributed
Branches ofGovernmentConstitution MakingLegislationExecutionJudiciary
FinancialCompetences
Income:Taxes, Grants,Bonds, Loans
Expenditures
FinancialEqualisation
GovernmentalTasks
Foreign PolicyIncl. Defence
PoliceEducation, Cul-tureHealth, EnvironmentEconomy andDevelopment
Mineral Resource, Water etc.Public Services
Civil Law Common Law
Individual / col-lective rights
CommonLaw, Codi-fication Spending
PowerOpting out localdeviation
Techniques of Distribution
ExclusiveParallelConcurrentGeneral ClausesDetailed Regulations
Concept Technique
Bottom up
Top Down
Parallel Distribution
Supremacy