International IDEA 43
10. Possible
alternatives to federalism
Confederation
Federation
Regionalism
Devolution
Representation
Confederal authority
is a congress of
delegates of the
states, often with an
intergovernmental
character
Typically (but not
always) two
houses of a
federal legislature,
one elected by the
people as a whole,
and one
representing the
federal units
Varies: regions
may have some
special
representation in
the national
legislature
Varies, but typically
devolved
institutions, being a
creation
of ordinary
statutes, have no
special
representation in
central institutions
Examples
Luxembourg in the
Benelux Union,
Hungary in the Austro-
Hungarian Empire
Australian states,
US states, Indian
states, Canadian
provinces,
Argentine states
Regions of Italy,
autonomous
communities of
Spain
Scotland, Wales and
Northern Ireland in
the UK
Countries that are difficult to classify, such as Spain or South Africa, may be
considered by some as regionalist but by others as federal (or
perhaps as quasi-
federal or as federal in all but name). Besides, these formal differences are not
always reflected in the degree of substantive decentralization. It is not necessarily
the case, for instance, that a formal federation is more decentralized, in substance,
than a regionalized or devolved state. Spain, for example, does not formally define
itself as a federation, but some of its autonomous communities (especially those
with special historical rights, such as the Basque Country) have extensive and
well-entrenched autonomy, while some formal federations, such as Austria and
Malaysia, are highly centralized.
Moreover, these labels may not be very helpful during the negotiations and
deliberations leading to the adoption or reform of a constitution. In a
constitution-building process, some participants may become symbolically
attached to labels like ‘federalism’ or ‘regionalism’. It would be wise, instead, to
first consider the practical needs of the country and of its particular subnational
units, and then to think about how these needs can best be met through a
constitutional design that is both workable and broadly acceptable without
getting too fixated on whether the resulting constitutional framework should be
classified as federal, regional or devolved.
Stronger micro-decentralization (local government)
In some circumstances, stronger
micro-decentralization (e.g. devolution of
power to municipal-, county- or district-level authorities) might be an attractive
substitute for federalism or other forms of macro-decentralization. This approach
can be suitable in situations where (a) decentralization
is desired to improve
governance, accountability and public participation, and to promote development
policies and services that are tailored to local needs, but where it does not need to
44 International IDEA
Federalism
accommodate territorially concentrated ethno-religious, linguistic or cultural
diversity; or (b)
such communal groups are very locally concentrated, in particular
towns, villages or enclaves, rather than being present in large enough areas to
form viable territorial regions, provinces or states. In these cases, micro-
decentralization may also help protect minorities within minorities; it can be used
not only as an alternative to federalism but also as a complement to it.
However, this approach has also been used cynically to refuse demands for
macro-decentralization based on national or cultural identity. In such situations,
it is unlikely to be an adequate solution (see Box 10.2).
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