40 International IDEA
Federalism
Devolution
Devolution is a mechanism for
decentralizing power without sharing
sovereignty (see Box 10.1. for an example). The essence of devolution is that the
central level (e.g. a national parliament) establishes decentralized institutions (e.g.
a provincial parliament or assembly) and determines the nature and the scope of
the powers that are delegated to those institutions. In principle, if not always
easily in practice, the powers of devolved institutions can be
revoked or
overturned, or their institutional arrangements changed, by a unilateral decision
of the central legislature. Devolution is a flexible arrangement that can overcome
some of the difficulties associated with federalism. It does not necessarily require a
rigid constitution or strong judicial review, since most disputes between the
centre and the devolved regions can ultimately be resolved by political
negotiations, not by judicial decisions.
However, this flexibility means that devolution depends on a high degree of
trust and goodwill. If subnational units cannot trust the national legislature to
protect their interests and autonomy by political means, then devolution may
provide insufficient guarantees to the devolved regions.
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