PART 3 PART 3 Notes footer. 1 W. H. Stewart , Concepts of Federalism , Boston , heard American University Press Books, 1984 . 2 Daniel J. Elazar , Federalism Exploraci6n , Barcelona , Editorial Making, 1990 , p . 32 . 3 Returning the principles established by John Locke ( 1632-1683 ) . 4 Quoted by Maurice Croisat , federalism in contemporary democracies , Barcelona , Editorial Making, 1994 , p . 18 5 Currently Switzerland is a federation of 26 cantons and six half-cantons , with a population just over seven million people , with four languages (German , French, Italian and Romansch ) and also a religious mix of Protestants and Catholics , which extreme diversity illustrates sU and sU effective federal system to keep the unit over centuries 6 The theory of the social contract 1.1. Rousseau (1712-1778) was a native sU empirical reference to Geneva, one of the current Swiss cantons . 7 In this respect, British colonialism was far less oppressive than the colonialism of the Spanish and Portuguese in America, which allowed the outset the development of innovative forms of social and political organization . At times and regions, including the presence of the British government was less than symbolic . . Weakness of royal authority in provincial politics in America was amazing . In some areas , particularly in the New England colonies built during the XVII century property yen British colonies along its entire existence , it lacked actual authority imposed by the person of a governor responsible to the Crown. The distance that separated England from America, the powerful colonial pressures exerted on royal officials and the inevitable inefficiency any huge bureaucracy were factors that served to undermine the British power and strengthen provincial leaders in the affairs of colonies . During the eighteenth century legislatures in the colonies gained authority over their own parliamentary prerogatives , getting the primary responsibility for legislation on taxes and defense. to finally take control of the salaries paid to the officers of the Crown . Encyclopedia Britannica , 1997 edition . 8 When the conflict began between 1 in American colonies and the British monarchy. they were motivated by tax increases and , above all, customs restrictions . Not even the same independence had been a premeditated plan , let alone federal integration of the colonies. Once declared independence in 1776. then discussed the form of government that led to the federal compact and the modernization of this system. 9 ... to generate a constitutional diffusion of power , federalism allows greed is counteracted herself for the good of the body politic , automatically preventing the consolidation of ambition at the expense of others. In short , is designed to prevent tyranny without affecting governance Daniel J. Elazar , Federalism Exploraci6n , op . cit . , p.53 .. 10 ... the quality of supreme power that never acts for other determination than his own will or , more directly , the capacity for skills , as defined in M. Mouskheli , Legal Theory federal State , Mexico , National Publishing , 1981.363 p. 11 Jean Bodin ( 1530-1596 ) is recognized as who systematized the concept of sovereignty as indivisible unlimited power to make laws, essential feature of state power , which , in his time , justified the development of power absolutist monarchies Europe. The concept survived until the emergence of republican forms of government and , especially , to the relocation of the supreme power , sovereignty, that state became a power of the people. 12 Considering the above, it can be argued that federalism strictly imposes the state a gating threefold: first, because to create is determined , and second, because it establishes the separation of powers , third, because it adds a dual structure to the organization of government and the distribution of powers between the national body and the federated 13 It should be added that in the experience of federal systems actually has prevailed territorial criterion to determine the units within the state political parties and from the territory , the validity or enforceability of its powers. However, there are also experiences aterritorial type , dominated linguistic or ethnic criteria are not clearly distinguishable and territorial distribution , however , have been recognized as political units within the federal union. The latter is the case in Belgium , a country that over the last two decades of Federal Way was reorganized to address the cultural and political tensions between the Flemish , French and German 14 David Held, Democracy , the Nation -State and the Global System , in David Held ( ed. ) , Political Theory Today , Stanford , Stanford University Press , 1991 , pp . 197-235 15 Maurice Returned Croisat , federalism in contemporary democracies , op . cit . , p . 31-32 16 As might be expected , federalism promotes a concept of sovereignty compatible with the most developed forms of democracy without excluding , of course , that democracy can have other sources to explain their evolution, both unitary and federal systems . 17 Quoted in David Held, Democracy and the Global Order . The modern state to cosmopolitan governance , Cambridge, Polity Press , 1997 , p . 58 . 18 United States, Canada , Argentina , Brazil, Venezuela and Mexico . 19 Nigeria , Sudan and , more recently , South Africa, which is in a transition Federalism. Note that in the African continent transitions have also occurred unitary federal states , like the cases of Libya ( 1963 ) and Cameroon ( 1972 ) . 20 The words separation and distance, as they are applied here , do not exclude that between the national government and the federated parties exists a distribution of powers and, therefore, even may be claimed sovereignty reciprocal . The separation or distance must then be understood as extreme moments where express relationships or links stop working system and practice lead to the breakdown of federalism and the creation of unitary . Additionally , the separation and away can also have an end time when placed in the reverse direction , ie , as separation or away . In the latter case , the result also leads to a unitary state model to cease to exist a system of relations between the federal entities and the national state 21 In general terms , the economic crisis and the consequent need for regulation of the cycles of the economy have been factors that promoted strongly expansionary dynamics of nation states , either as actors or as direct financial support minimum social needs population . This phenomenon was almost universal tendency among the global crisis of 1929 and the end of the seventies. For nations with federal organization , the dynamic expansion and concentration involved a public office and political power by nation states in demerit of the federated entities , both in developed countries and in developing countries . In the eighties and nineties has reversed the process , now motivated especially by the global economy and the growing inability of national governments to regulate economic cycles as in the past , starting with their own finances. From an administrative perspective , this last period has been characterized by a universal decentralization policies and / or strengthening of federalism , if any . With this perspective , to balance the federal countries implies century that can vary between different margins of centralization and decentralization , without losing its federal character , to the extent that they retain the essence of the system of relations : self more shared governance , taken to Elazar 22 This does not exclude that history shows federalisms dramatic stories ever managed manage their relative instability , which is explained , in large part because federal integration was not a federalist process (covenant, agreement) , but a derivative of other factors , such as war and annexations. Among the most recent examples of federations crisis is the collapse of the former USSR , it has certainly changed the modern history of humanity . Stephen Randall and Roger Gibbins ( eds. ) , Federalism and the New World Order Calgary, University of Calgary Press, 1994 , 290 pp. 23 This is an idea that is consistently found in Daniel J. Elazar that displays on federalism or the application of federal principles almost inevitable alternative in the future of international relations . See, for example, Exploring Federalism , op . cit . 24 We add that precisely its universality implies they can also be found in unitary states . Federalism involves the values and principles ! that have been listed , but these values do not necessarily imply federalism : I can find their sources in other social practices and other state organization j 25 From this perspective , federalism can also be described as a social phenomenon and , more specifically , as a phenomenon of culture. It is not only a system of intergovernmental relations in the extent to which a particular spectrum of political values gives sustenance in culture 26 An example of the nineties this practical nullification of a federal system and its principles is the case of Nigeria, between coups, cancellation of elections and submission of state governors has ended up in limbo to locate the federal organization of the country. 27 From this perspective , it can be hypothesized that the collapse of Federal systems or converting unitary federal states obey the federal principles incompatible with effective political practices , implying that federalism is an outline only nominal and formal in both cases. This hypothesis certainly attractive to supporters of federalism , is the implicit idea that federalism is a viable state model by nature incapable of eroding itself playing a political system or the relationships between the parts of the structure federal . Of course, it would lead to excessive federalism to this dimension of political model infallible . All earthly that can be said is that federalism is one of the most finished of regulating ( determined) to political power and , consequently, significantly increases the likelihood of integration of the state and a system of intergovernmental relations and social regulated by law. 28 Without excluding the possibility of non-territorial forms of federal entities , such as groupings by ethnicity , language or culture . 29 An interesting experience is the ways Canada and its federal system has evolved towards a recognition of autonomy for indigenous communities , its territories and governance practices . Mark O. Dickerson , Whose North? Political Change , Political Development, and Self -Government in the Northwest Territories, Vancouver , UBC Press, 1992.233 pp. 30 The complexity of procedures for integrating the national agenda has been one of the criticisms that can be made about the functionality of federalism. Certainly, not necessarily the most efficient model from the point of view of decision making. The dispersion of power and decision procedures can make the process slower. Its virtue is the possibility, never guaranteed at all, the consensus decision-making between the parties. 31 Maurice Croisat , federalism in contemporary democracies , op . cit . , p . 84 . 32 Not all federal nations obey the principle of equality in the same terms , as may be supposed . In certain cases , such as Germany and Canada , representing the federated follows a logic - not exactly weighted proportionally , using demographic, but claimed that similarly wide respect and recognition of minorities ( granting an overrepresentation nominal) and . therefore , a common basis of equality 33 Arend Lijphart , Democracies : Patterns of Majoritarian and Consensus Government in Twenty -One Countries, New Haven , Yacht University Press , 1984 , p . 23. 34 As these examples suggest , the development of local governments towards autonomy and, in general , to broad parameters of self may be more determined by the development of citizenship and democracy , much less , by the federal or unitary model of the state. However, our argument is that the federal model has an organizational structure that allows local governments to self-government directed more consistently , conceptually and politically . In the case of a unitary , self-government and autonomy are concepts which in practical terms can ultimately assume local governments, but in a situaci6n that is opposed to the idea of a central authority or a single national government . 35 An extreme case is the United States, where the functions between local , state and federal government may become confused and generate administrative structures that duplicate functions and , therefore , to raise the cost of public administration . In these cases , intergovernmental coordination , rules and instances , become a matter of extreme importance : The structure of the U.S. government is chaotic. Besides the federal government and 50 states, there are something like 18,000 target municipalities general , a number close to governments also target locations generated ! , more than 3,000 counties and , additionally , many governments of specialized objectives that no one can boast they have been accurately counted . Making an informed estimate , there are currently around 92,000 collectors governments taxes in the country ( ... ) the multitude of governments does not mean that there is some simplicity in its activity . there is no clear division of responsibilities between them . If seen in detail , it seems that all governments are involved in virtually all functions. Stated more precisely , difficult to identify any activity that does not involve a major responsibility of the federal , state and local . Functions of governments in the U.S. are shared functions Morton Grodzins , The American System , in Classics of Public Administration, Jay M. Shafritz and Albert C. Hyde (eds.), Belmont , California, Wadsworth Publishing Co. , 3rd . ed , 1992 , p . 278. 36 The global economic crisis of the thirties representing the most intense period of administrative centralization and, in general , the intervention of the state in the economy, especially in the social security of the population , which substantially increased the size of national governments and , in parallel, its dominance in the affairs of local concern nominal . See Abram de Swaan , In charge of the State , Barcelona , Ediciones Pomares -Runner , 1992 , pp. 379 . 37 The most remarkable experience in this regard was the New Deal in the United States, established during the economic depression of the thirties and centralist inertia which lasted until the early seventies . 38 Jordi Borja and Manuel Castells , Local and Global . The management of cities in the age of the informaci6n , Madrid , Taurus , 1997 , p . 18. 39 See . for example, Joseph A. Nieto Solis, Fundamentals and European Union policies , Madrid , Siglo XXI , 1995 . 40 The nineteenth -century Mexican history and, in general , the Latin American experience is fraught with political organizations and movements that claimed to federalism as a major social and state organization , making political agenda and in the background, in a utopia society.
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