C M I
15
Although most writers on federal theory could agree on King’s minimalist
definition of federations, there are many different views on whether other
criteria than territorial representation with constitutional entrenchment should
be included when distinguishing federal states from others. Duchacek, in his
book from 1987, operates with a whole checklist of what federations are, with
the so-called ten yardsticks of federalism (Duchacek 1987: 207). They include
details on specific arrangements for sharing the powers and duties between the
central and regional governments, what areas that should be the responsibility
of the different levels of government, and the structure of courts. According to
his definition of federal systems, the right to secession cannot be a part of a
federal constitution because it undermines citizens’ loyalty to the central level of
governance. The problem with Duchacek’s yardsticks is that he excludes
systems that fulfil the criteria of King’s definition, because they have chosen
other institutional or practical solutions. As we shall see, the category of
federations include a great variety of political systems, and the constitutionally
entrenched regional representations can take various institutional forms.
Duchacek’s yardsticks must therefore be considered as a loose guide to what is
common in federal systems, rather than a definition of what federal systems
are.
Once again we can turn to King’s minimalist definition of federations. As
King has expressed it, the content of his definition means in practice that:
1. The basis of its representation is territorial.
2. This territorial representation has at least two tiers (local and regional
governments).
3. At a minimum the regional units are electorally and perhaps otherwise
incorporated into the decision making procedures at the national centre.
4. The basis of such regional representation at the centre cannot be easily
altered, as by resort to the bare majoritarian procedure which serves
normal purposes. (King 1982:143).
Dostları ilə paylaş: