Chapter Two: Some Common Features among federations

Cont’d

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

• Ratification ;- approval by ¾ of the convention

- ¾ of the states

Cont’d

• Switzerland- initiation federal legislature