Before proceeding to the next criterion, I would like to draw attention to the fact that the degree of sovereignty of the entities differs from one type of federation to another. Territorial federations are characterized by the supremacy of central authority. The nation-state is limited by the sovereignty of the national state entities. The national state power only coordinates the interests of the federative entities, ensuring their optimal internal and external activity. Thus, the subjects of the national federation in the field of international relations can establish diplomatic relations with any state of the world community, conclude political, economic and other agreements. As we can see, the national attribute gives the federation a number of peculiarities. In connection with these, we will dwell on the features of the territorial and national federation in more detail.
Signs of a territorial federation:
- The subjects of the federation are not sovereign entities
- The Constitution provides for the right of direct representation in international relations only for the federal government;
- Unilateral withdrawal from the union is prohibited;
- The armed forces are under full control and direction of federal bodies.
Signs of a national federation:
- Subjects are national and State entities;
- Volunteerism acts as the main principle of unification of the subjects of the federation;
- Sovereignty is guaranteed for all nations;
- Affirmation of the right to self-determination.
So, as we can see, the differences are quite significant. But let's continue further acquaintance with the types of federations.
The second criterion that we will consider is the way of forming the federation itself. Three types of federations can also be distinguished by this criterion.
Constitutional Federation. This type of federation is based on the decentralization of the unitary state and a specially adopted constitution (Pakistan, India, Yugoslavia, Czechoslovakia, Russia).
Treaty Federation (Union Federation). The formation of the federation takes place as a result of unification of independent states on the basis of the union treaty (USA, UAE, USSR).
Mixed federation (constitutional-contractual) is a state in which the processes of decentralization and unification take place in parallel, as a result of which the state is based on both contractual and constitutional ways of forming a federation.
The third criterion is the legal status of the subjects of the federation. The analysis of this criterion also allows us to identify three types of federations.
- 1. Symmetrical federation. Each subject is characterized by the same scope of powers and the same legal status within the federation.
- 2. asymmetric federation. The status and powers of subjects differ.
- 3. A symmetric federation with elements of asymmetry is connected with the presence of various autonomous formations within the federation.
The fourth criterion is the correlation between the volume of powers of the federation and its subjects. Here we can distinguish only two types:
Centralized. The scope of powers of the federation is much more and more clearly defined than that of the subjects.
Decentralized. The scope of powers of the subjects is defined quite fully, and everything that does not relate to the residual principle of powers of the subjects is federal.
The fifth criterion is the nature of relations between the federation and its subjects. According to this criterion, two types of federation should be distinguished:
Dualistic. Constitutions fix only the issues of exclusive jurisdiction of a federation and its subjects.
Cooperative. Issues of joint management of the federation and its subjects are also enshrined in the constitutions.
So, as we can see, there is a great variety of types of federation, which once again confirms that the federal system is a complex and multifaceted state formation. We also see that federalism is a multidimensional phenomenon, because there are many more or less similar aspects: history, politics, culture, ideology, outlook, etc. Federalism has a dynamic character. We see that the nature of relations between the federation and its subjects can change.
Summing up the results of this topic, we should focus on the main points.
The federal form of the state structure is a rather complicated form of organization. A federation is a union state, parts of which have the characteristics of statehood.
The Federation is built on the principles of decentralization. Structural units of the federation are state formations and states, which are called subjects. The subjects of the federation may have their own constitutions, their own citizenship, their own supreme state bodies, both legislative and executive, and judicial. The federation is characterized by two systems of supreme bodies: in the federation and in each entity. The main issue for any federation is the division of competences between the union and the federative entities. The legal position of the State entities and the nature of the relationship between the federation and its member depend on the resolution of this issue.
There is a great variety of federations and, above all, it is connected with the fact that not only each federation is a unique state formation, but also each of its subjects is unique.
Despite the fact that federalism is a comparatively young form of government, it is gradually developing and gaining ground on the world map.