b) Option 2, exhaustive list of the constituent states leaving the residual power to the central government
There is a tendency towards unity and a need to empower the central government
What if most of the powers are exhaustively listed and only few left for residual?
E.g. Canada
Cont’d
c) Option 3, Exhaustive list of – federal
- state
- concurrent powers
E.g India in case of conflicts, federal supremacy
* Nigeria – exhaustive list of federal governments power and concurrent power , In case of conflict federal supremacy
Residual power to regions
Does not fit anyone of the options
Ethiopia?
Some common Features among federations
4. Rigid Constitution
Requires formal procedure of changing
Making amendment should not be passed in an ordinary law making process
At least the federal constitution should not be amended by either levels’ of governments unilateral decision
Federal constitutions must have provisions that ensure a relative strictness in altering its contents especially those relating to the power divisions between the two levels of governments
To ensure its supremacy, the constitution should not be subject to unilateral alteration
Cont’d
However federal constitutions differ – specific procedure they prescribe and - the degree of state participation
India- ordinary vote of federal parliament except for provisions vital for distribution of powers which requires special majority vote of the parliament and ratification by at least 50% of the states
USA-
- proposed by two-third majority of each house in congress or
