...V SEMESTER B.A.LL.B.(HONS.) COURSE ARTICLE SUBMISSION A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development For the academic year 2014-15 Prepared & Submitted by: Submitted To : Bharat Singh (12BAL112) Ms. Alinkrita Tripathi Acknowledgment This study is the culmination of the efforts of a number of individuals and organizations. I gratefully acknowledge the support and inspiration of which helped me to accomplish this project. I gratefully acknowledge all the sources from which this report has been enriched. Though I have taken all efforts to make the report flawless, I take responsibility for any mistake appearing inadvertently. DECLARATION I hereby declare that the project work entitled “A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development” submitted to the Institute of Law Nirma University, is a record of an original work done by me under the guidance of Ms. Alinkrita Tripathi who is the Assistant Professor in ILNU. The results embodied in this thesis have not been submitted to any other University or Institute for the any award or degree. A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development India is the largest democracy which is reason of pride for every Indian. Democracy always reflects view of majority, so now question arises what about those people who are in minority or culturally diverse but still they are...
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...Federalism Chapter Summary I. Defining Federalism (66-70) A. What Is Federalism? Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people. Power is shared between units of government. Most governments in the world, like Great Britain, are unitary governments, in which all power resides in the central government. The American states are unitary governments with respect to their local governments. A confederation is a governmental structure in which the national government is weak and most power is in the hands of its components, or states. The term intergovernmental relations refers to the interactions among national, state, and local governments. B. Why Is Federalism So Important? Federalism decentralizes our politics in many ways. For example, senators are elected to represent their state, not the nation. With more levels of government, more opportunities exist for political participation. Judicial power also is enhanced by federalism. Federalism also decentralizes our policies. The history of federalism demonstrates the tension between the states and the national government over who should control policy. The overlapping powers of the two levels of government mean that most debates over policy become debates over federalism. States are responsible for most public policies dealing with social, family, and moral issues. These become national issues when brought to the national government...
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...Sokunbi Adetoyese Politics of Political and Constitutional Reforms in Nigeria. Andrew Heywood in his book, Global Politics (2010) identifies that politics, in its broadest sense, he defines it as the activity through which people make, preserve and amend the general rules under which they live. As such, politics is inextricably linked to the concepts of conflict and cooperation, which means politics is a social phenomenon with the characteristics of both struggle between opposing groups, parties and claims on one hand and cohesiveness, mobilization and organization on the other hand. On former hand, there is the constant existence of rival opinions, different wants, competing needs or opposing interests guarantees disagreement about the rules under which people live. Likewise on the latter hand, people recognize that in order to influence these rules or ensure that they are upheld, they must work with others, with whom they share similar needs and values. This is why we can allude the meaning of politics as the authoritative allocation of values, in which rival views or competing interests are reconciled with one another because at the art of politics is essentially to resolve conflict. In reality however, politics in this broad sense is better considered as the search for conflict resolution and not necessarily its achievement, since it is near impossible to resolve all conflict and satisfy all opposing groups especially in a multi-ethnic super diverse state...
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...ASSESSMENT ON NIGERIAN FEDERALISM: PATH TO A TRUE FEDERAL SYSTEM BY: IRABOR PETER ODION 07037830536 p24real2000@yahoo.com DEPARTMENT OF GENERAL STUDIES, FEDERAL COLLEGE OF EDUCATION (TECHNICAL) POTISKUM, YOBE STATE BEING A PAPER PRESENTED AT THE 4TH ANNUAL NATIONAL CONFERENCE ORGANISED BY COLLEGES OF EDUCATION ACADEMICS STAFF UNION (COEASU) FEDERAL COLLEGE OF EDUCATION (TECHNICAL) POTISKUM CHAPTER HELD AT I.B.B HALL F.C.E (T) POTISKUM, YOBE STATE 31ST OCTOBER, 2011-4TH NOVEMBER 2011 ABSTRACT It is no gain saying that Nigeria is one of those countries that operates a federal system of government along side with the western world. Given the territorially delineated cleavages abounding in Nigeria and the historical legacy of division among ethnic groups, regions, and sections, the federal imperative was so fundamental that even the military government- characteristically Unitarian, hierarchical, and centralist- attached importance to the continuation of a federal system of government. But it must be said here that, while the system benefit most western countries, the reverse is the case for Nigeria considering the high level of political instability, ethnic crisis, and ethno/religious crisis among others The reason is not far fetch; Nigeria is operating a federal system in an awkward manner and this has make frictions and clashes possible which are currently posing a threat to her political development. To this end, this paper seeks to analyze Nigerian federalism from history, reasons...
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...Chapter 3 Ap Government Devolution revolution – The effort to slow the growth of the federal government by returning many functions to the states. Federalism – Constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the United States. The national and the subdivisional governments both exercise direct authority over individuals. Dual federalism (layer cake federalism) – Views the Constitution as giving a limited list of powers—primarily foreign policy and national defense—to the national government, leaving the rest to the sovereign states. Each level of government is dominant within its own sphere. The Supreme Court serves as the umpire between the national government and the states in disputes over which level of government has responsibility for a particular activity. Cooperative federalism – Stresses federalism as a system of intergovernmental relations in delivering governmental goods and services to the people and calls for cooperation among various levels of government. Marble cake federalism – Conceives of federalism as a marble cake in which all levels of government are involved in a variety of issues and programs, rather than a layer cake, or dual federalism, with fixed divisions between layers or levels of government. Competitive federalism – Views the national government, 50 states, and thousands of local governments as competing with each other over ways to put together packages of services...
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...society like Nigeria a polity that ‘robs Peter to pay Paul’ may eventually be both counter-productive and dysfunctional. The clarion call however is a federal system with fiscal policy that can imbue in the citizenry sense of justice, equity and fairness visà- vis revenue allocation. To do otherwise according to the findings of this paper is to jeopardize all efforts at national cohesion and integration. Keywords: Federalism, fiscal federalism, revenue, resource, Grants-in-aid Federal Governance ISSN 1923-6158 www.federalgovernance.ca Forum of Federations 325 Dalhousie Street, Suite 700 Ottawa, Ontario K1N 7G2 Canada ♥ Ojo About Federal Governance Federal Governance is an online graduate journal on theory and politics of federalism and multilevel governance. Its mandate is to engage the global federalism community and reach out to outstanding graduate students interested in federalism and multi-level governance. By providing a platform for graduate students to have early success in their careers, Federal Governance seeks to promote and sustain interest in federalism and multi-level governance research among graduate students. Allied with the Forum of...
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...Chapter Three Federalism: Forging a Nation Chapter Outline I. Federalism: National and State Sovereignty A. The Argument for Federalism 1. Protecting Liberty 2. Moderating the Power of Government 3. Strengthening the Union B. The Powers of the Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (1789–1865) 1. The Nationalist View: McCulloch v. Maryland 2. The States’ Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (1865–1937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Public’s...
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...The US Constitution, written in Philadephia in 1787 by the Founding Fathers was the product of the revolutionary war of independence, with it’s foundations strongly influenced by the works of political theorists such as Montesquieu and Locke. The Founding Fathers favoured a government that prevented any individual or particular group becoming tyrannical. Furthermore, they strongly opposed the notion of excessive government power, seen as the potential threat to individual freedom, wanting to protect minorities as well as the population as a whole, from arbitrary or unjust rule. Consequently, the Founding Fathers outlined main provisions within the US constitution in order to avoid tyranny: the separation of powers, a federal structure of government and also providing citizens inalienable and entrenched rights through the implementation of the Bill of Rights. Arguably, these provisions as a result mostly ensure, as the Founding Fathers had hope to achieve, limited government, in so much as the size and scope of the federal government is limited to an extent in which it is necessary only for the common good of people. The separation of powers prevalent in the USA, whereby political power is distributed between the executive, the legislature and the judiciary branches of government, were adopted from the Founding Fathers by the principles of Montesquieu, who argued for a separation of powers into legislative, executive and judiciary branches in order to avoid tyranny. This framework...
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...As transportation in America has continued to evolve and expand in America the transportation policy has lacked the same evolvement and growth. Faced with an ever growing population and an economy that depends on transportation more than ever, American transportation network is based on a policy that has not been significantly updated since the 1950’s. With a policy that is so out of date it has become increasingly hard to secure funding to maintain and build new roads, this is where the issue of federalism arrives. Working with the federal, state and local government there has to be a solution to the transportation policy. The Transportation Policy as we know it today started as the Interstate program according to Shirayanagi, H., & Kitamura, Y. (2011) “in 1956 also called the 1956 Federal-Aid Highway Act, appropriated $25 billion (about $197 billion in 2009 dollars) to build 41,000 miles of multi-lane, limited access highways.” (p.253) While it was done to connect states and make it easier for economic center to connect it helped develop travel within cities themselves. These highways were built with 90 percent federal funding the only problem was that the local government did not get any money to improve the transportation systems. Fast-forward to August 2005 according to Shirayanagi, H., & Kitamura, Y. (2011) “ the Safe, Accountable, Flexible, Efficient Transportation Equity Act: (SAFETEA-LU) which is our current transportation policy signed by President George W. Bush...
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...“Party Government” by E. E. Schattschneider, the speaker focuses on the involvement of Federalist 10, regarding to political parties in the constitutional system and interest groups. Schattschneider describes the pro-party as those who “guarantee civil rights and establishes a system of party tolerance, the right to agitate and to organize,” (Page 171) while he describes the aspects of an anti-party as the separation of powers and federalism. He says that the constitutional system created a constitution that was pro-party in one sense and also anti-party. Later in page 171, Schattschneider says that “the Constitution made the rise of parties inevitable yet was incompatible with party government,” meaning the Constitution makes it difficult for parties to function. He also claims that interests groups don’t have the agreement of people and power to control the government. At the end, he describes the law of the imperfect political mobilization of interests as the result that every individual is torn by the diversity of their own interests, making an individual a member of many groups. Schattscheider’s overview of parties in a constitutional system in “Party Government” is connected to Madison’s famous Federalist paper 10. Madison focused on the Constitution establishing an effectual government that would break and control the dangers of a faction, but at the same time to form a popular government where people have opinions. To Madison, interests groups and parties were bad,...
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...Constitution of India. All the provisions made in this Constitution are, therefore, liable to be so interpreted as will protect, if not enhance, and certainly not destroy the basic structure namely federal structure of the Union of India. In this reference, adopting the test of Prof. Wheare wherein he says that “any definition of federal government which failed to include the United States would be thereby condemned as unreal.” Therefore, we need to see the condition prevailing in the U.S., the basic principles of federalism, and then in its light analyze the provisions of our Constitution. THE CONCEPT OF FEDERALISM ‘Federalism’ is one of those good echo words that evoke a positive response toward many concepts as democracy, progress, constitution, etc. The term has been seen to be applied to many successful combinations of unity with diversity, pluralism and cooperation within and among nations. When we elaborate upon the essential feature of federalism that the specialists in the field offer, it is noted that they all seem to contain the following basis points: First, in a federation the political authority is territorially divided between two autonomous sets of separate jurisdictions, one national and other provincial, which both operate directly from the people. Second, the existence of a single, indivisible but...
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...The Davao chief executive also said that he would not declare martial law — unlike the "doomsday" scenario painted by his opponents. "But I tell criminals not to push me to go the extreme," Duterte warned. Duterte also specifically said that he would end the problem of illegal drugs in just three to six months into his administration. Organizers and supporters of Duterte said that it would be the first time for the tandem to lay down their platform of government. Duterte: Polls on federalism in 2 yrs DAVAO CITY—Presumptive President-elect Rodrigo Duterte projected a two-year timetable to submit to a referendum his proposal to dismantle the current presidential, unitary form of government and put in place a federal one. Duterte said he would give himself up to two years to submit the federalism proposal to a plebiscite or a referendum. “Not later than two years, we will submit the (federalism) issue for a plebiscite or a referendum,” Duterte said. He reiterated that nothing short of federalism could appease the restless Moro population, whose high...
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...Seminar One Essay Test The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Due to some long outstanding amendments, Congress will normally put a time limit for the bill to be approved as an amendment which is typically seven years. The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. The Bill of Rights were passed due to the fact that the Federalists basically horse traded with several states to get the constitution ratified. It still was no easy task getting the Bill of Rights ratified. James Madison had to go through and pick out the best ideas from state conventions as he drafted the Bill of Rights. The rights protected individuals from the federal government trampling their rights. Due to the recent war with England and the oppression of the King fresh in mind the Bill of Rights was...
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...Federalism is a system of government where power is divided by a written constitution between a central government and a regional or sub-regional system. It can also be defined as a system where more than one level of government has power over the same groups of people and land at the same time. With this type of Federalist government, every day citizens have their needs met more efficiently, especially when compared to Unitary and Confederal systems of government. Federalism focuses on promoting equality and diversity among citizens under this form of system. Unitary systems of government are much different than that of Federalism. Under this type of system, local and sub-divisional governments only act on the powers they are given by the...
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...is federalism? The federal principle or system of government. A question that many American individuals are asked and don’t have a general understanding of what it may mean. I think federalism is a great government Institution It makes difference in the state government agency. it's also self-sufficient government to every state In the United states, people choose every elected Official Government for equal Opportunity most of the society In the world are federalism it's very Important to distribute the wealth to the state and the local community, and much more. Since its inception more than 200 years ago, American federalism has undergone tremendous change. Today, all governments -- federal, state and local -- play a greater role in the lives of their citizens, expectations about what kind of services and rights people want from government have changed, and relations among the federal, state and local governments have become infinitely more complex. In this brief essay, Ellis Katz, professor of political science and a fellow of the Center for the Study of Federalism at Temple University, explores the origins and development of American federalism, its contemporary practice and problems, and the forces that seem to be moving it in new directions. How does federalism play a part today? Many local towns and villages are dissolving or consolidating. In doing so they are able to share one police/ fire department share public works and many other resources. Fiscal Federalism can...
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