Federalism, regionalism and

devolution
***
Prof. Justin O. Frosini
How can one distinguish between a
UNITARY system and a
DECENTRALIZED system?
In

UNITARY DECENTRALIZED
Only central Sub-national entities
government has also have legislative
legislative power power
 Federalism, regionalism and
devolution
are all forms of territorial organization

Vertical separation of powers between

central government (central State,
federation) and subnational entities
(States, regions, provinces, Laender,
Comunidades Autónomas)
 FEDERALIZING PROCESS
• Conventionally:

BOTTOM-UP
PROCESS
FEDERAL STATE

E.g.:USA, Germany
 BUT…
• In recent years:

UNITARY STATE
TOP-DOWN
PROCESS

FEDERAL STATE

• E.g.: Belgium
 What are the differences between
FEDERAL SYSTEM REGIONAL SYSTEM
1. Constitution contains 1. Constitution contains
a list of subject a list of subject
matters which are of matters which are of
exclusive exclusive
competence of the competence of
central government Regions

2. The member States 2. Regions do not have

have their own their own judiciary
judiciary system system
3. The second 3.The second
Chamber of Chamber of
Parliament is a Parliament does
“Chamber of the not represent sub-
Regions” national entities

4.Member States 4. Regions do not

take part in the take part in the
constitutional constitutional
amendment amendment
procedure procedure
 One last difference could be
In federal systems :
member States have their own Constitutions
(e.g.: Constitution of Virginia, Constitution of
Bavaria)

BUT

this is true only for systems whose federalizing

process is a bottom-up process
(e.g: USA, Germany)
The problem of fiscal autonomy

NO TRUE FEDERALISM
WITHOUT TAX RAISING
POWERS?
 DEVOLUTION OF POWERS

Delegation of powers

• Scotland Act 1998

• Government of Wales Act 1998
• Northern Ireland Act 1998
 LEGISLATIVE ACTS TO BE
REMEMBERED
• Scotland Act 1998
Residual legislative power is attributed to the
Scottish Parliament on the lines of a federal
system
• Government of Wales Act 1998
Only administrative powers are devolved to
the Welsh Assembly
 Asymmetrical devolution in
the UK
Functional or competencial
asymmetry:
Scottish Parliament exerts
legislative powers while the Welsh
Assembly only exerts
administrative or executive powers
 Structural Asymmetry
WESTMINSTER
(United Kingdom Parliament)

Scottish Parliament Welsh Assembly Northern Ireland English Parliament?

Parliament

LOCAL AUTHORITIES