Chapter Two: Some Common Features among federations

Cont’d

• For the proof of which there is a need to have written record
• The terms of agreements – create federal and state governments

- distribute powers between them must be enshrined on the federal constitution which is binding

• Neither of the two governments should be in a position to over ride its provisions

Cont’d

• Both must be subordinate to the constitution
• The authority of one should not depend on another but must drive from something supreme

Cont’d

3. Division of Power

• division of power between the center and subnational units- vertically
• Political power – Legislative

- Executive

- Judicial functions are constitutionally divided between the federal government and the states

• Both orders of government are autonomous with respect to the powers granted to them

Cont’d

• One level should respect the authority of the other – principle of non-interference
• There are 3 ways of power allocations
• Enumerated – powers exclusively given to either levels of government Enumerated power of federal government- currency making - military power, declaration of war, international relations
• Residual- - powers retained by one level once the power of the other is enumerated , Powers not given either specifically to each level or concurrently

Cont’d

iii. Concurrent- powers over which both the federal government and the states have control

• Jointly exercised by the two levels
• Common policy making power
• Taxation power

Cont’d

• Three options of power division
• Option 1, exhaustively listing central governments power leaving residual powers to the states
• There is a tendency to empower the constituent elements
• Example USA,