Shared rule refers to shared competencies as well as shared institutions through which federal units are accorded special participation and input in the decision-making process at the level of the encompassing entity
Chapter Three Federations and Second Chambers
The United States Constitution clearly makes the Senate an integral part of the legislature.
It states, ‘All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.’
Chapter Three Federations and Second Chambers
The Swiss Constitution is even more explicit in guaranteeing the Cantons’ participation not only in the law-making but also in other federal affairs.
‘The cantons shall participate in the decision-making process on the federal level, in particular in federal legislation.’
The guarantee of the Cantons’ role in law-making is even more specifically stated as follows: ‘Subject to the rights of the people and the Cantons, the Federal Parliament is the highest authority of the Confederation.’
And in another sub section it is stated: ‘it [federal parliament] has two chambers, the House of Representatives and the Senate; which have equal powers.’
Chapter Three Federations and Second Chambers
The German Basic Law likewise guarantees the states participation in the law-making and administration of federal law.
It states, ‘The Länder participate through the Bundesrat in the legislation and administration of the federation...’
Chapter Three Federations and Second Chambers
The Indian Constitution equally states that parliament as a composite law-making body consists of the Council of States and the House of People.
It declares, ‘there shall be a parliament for the union which shall consist of the President and the two Houses, to be known respectively as the Council of States and the House of the People.’
