Form of government

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FEDERALISM:
A Subject Worth Knowing
More About
2016 Enhanced Edition
Nelson A. Baluran, CCD, MPA

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FOREWORD
Federalism, as a subject, has once again come into the
limelight when the former Mayor of Davao City, Rodrigo Roa
Duterte, was elected by overwhelming victory of more than
sixteen million votes during the May 9, 2016 national and local
elections as the 17th
President of the Republic of the Philippines
with the platform of government, among others, a “shift to
federal form of government” for the country.
Hitherto, efforts are relentless both in congress and in the
executive department, and by some non-governmental and civil
society organizations, and private group initiatives, to ensure the
shifting of the country from a unitary form of government into a
federal type within the next few years with the caveat sounded by
President Duterte, though, that it be parliamentary form following
the French model.
This move to have the country converted into a federal
government was also highlighted during the term of former
President Gloria Macapagal-Arroyo. On her July 25, 2005
SONA, she urged both houses in Congress to start studying
issues relative to “Charter Change”. Later, under her Executive
Order 669 of 15 October 2007, she directed the formation of a
panel “… to draft a roadmap to federalism by 2012.”
Consequently, Senator Pimentel, joined by eleven others,
filed Joint Resolution No. 10 in the Senate “… to convene the
Congress into a constituent assembly for the purpose of revising
the constitution to establish a federal system of government.”.

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Not too few, however, of our people, both in government,
the academe and in the civil society, much more the common tao,
fully understand and virtually in the quandary on what really is
“federalism?” How does it work, and how it is formed?
This paper, “Federalism: A Subject Worth Knowing
More About, 2016 Enhanced Edition”, is a continuing effort and
private initiative finding relevance in the present-day discourse. It
is an attempt to further clarify fundamental issues on why and
how federal governments are formed in order to give the readers,
especially the common Filipino people, clearer idea and instill
basic knowledge and understanding on the consequences or what
will really happen to the Philippines, our country, if we go
federal as proposed by some of our leaders and/or quarters.
Experiences of some leading governments worldwide,
both unitary and federal, have been considered as models in the
study for possible reflection and reference so that we may be
guided and could have a much more enlightened and intelligent
mind once we are finally called upon to make the very critical
decision on the fate of our country.
A comparison has also been made between the
Philippines and some states in the United States to see the
difference in the governmental structure insofar as it affects the
delivery of services if, indeed, by adopting a federal form of
government will make the government “closer to the people”.
Moreover, the Fifth Republic of France is also featured
for a possible glimpse on its setup, structure of government, and
character.

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The paper simply lays down the fundamentals in the
formation of federal governments. It does not dwell on whatever
“badness” or “ goodness” of federalism per se, though we may
draw good learnings from it. The writer though towards the end
of the paper puts forward the necessity for a more intact and
strong Philippine Republic through a more meaningful and
substantive local autonomy, devolution of powers and
decentralization of essential services as already enshrined in the
Constitution and enabled by our existing laws rather than
engaging in a very risky and complicated proposition of splitting
and/or fragmentizing the country into pieces of states and stitch it
back again into a federal republic.
The paper settles for the non-inclusion of “ unitary versus
federal” proposition. The writer opines it as not an issue if we
want to have an intact and strong Philippines. This is not an issue
if we want to forestall the fragmentation of the country. Thus, it
should be set aside. In stead we better start educating our people
through various forums, IEC campaigns, etc. on the pros and
cons of “ presidential versus parliamentary” and “unicameral
versus bicameral” systems of government.
The writer hopes to give his humble share of enlightening
the people on the subject. Mabuhay ang bayang Pilipino!
Libungan, Cotabato, Philippines.
Nelson.A. Baluran

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INTRODUCTION
A number of our leaders today espouse the idea that
federalism or the adoption of a federal system of government for
the Philippines will undoubtedly make the country more
responsive and closer to the people, and, foremost, will solve our
major problems, both socio-political and economic, particularly
the peace and order problem in Mindanao. This problem is,
undoubtedly, the almost a century-old, and still continuing,
trouble between the Government of the Republic of the
Philippines (GRP) and the secessionist rebels fueled by their
incessant demand for an independent Islamic State or
Bangsamoro Republic in the south.
This proposal of federalizing the Philippines or “ the shift
to federal form of government for the country” was one of the
political platforms during the May 9, 2016 national and local
elections which catapulted the former Mayor of Davao City,
Rodrigo Roa Duterte, into an unprecedented landslide victory
with more than sixteen million votes to be elected to the 17th
Presidency of the Republic of the Philippines.
But, why and how our country, the Philippines, shift its
form of government from unitary to federal form? How does the
Philippines, as a unitary form of government, work and/or
operate? Are there any defects and/or weaknesses that
necessitated it to be corrected, thus, it must shift into a federal
government?

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THE PHILIPPINES: AS A UNITARY
GOVERNMENT
The Philippines, under its 1987 constitution, is a
republican unitary government. All the power is conferred on a
single government with three co-equal branches: the legislative,
executive and the judiciary.
The legislative branch consists of a bicameral congress:
the 24-member Senate (Upper House) directly elected at large for
a six-year term; and the maximum number of 250 members of the
House of Representatives (Lower House) elected by
congressional districts, and through a party-list system for a
three-year term.
The Congress exercises legislative power, and is the
repository of the people‟s sovereignty.
The executive power is vested in the President of the
Republic of the Philippines who is directly elected at large for a
term of six years without any reelection. He has control over all
the executive departments, bureaus, and offices to ensure that the
laws are faithfully executed; and exercises general supervision
over local government units to ensure that their acts are within
the scope of their prescribed powers and functions.
The President serves as the Commander-in-Chief of all
the armed forces of the Philippines.
The judicial power is vested in one Supreme Court and in
such lower courts established by law: Court of Appeals, Regional

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Trial Courts, Municipal Trial Courts, Municipal Circuit Courts,
etc..
The Supreme Court is a constitutional office beyond the
power of the Congress to abolish.
The territorial and political subdivisions of the Republic
of the Philippines are the provinces, cities, municipalities and the
barangays, referred as the local government units; and the
autonomous regions in Muslim Mindanao (ARMM), and the
Cordillera Administrative Region (CAR) who all enjoy local
autonomy within the framework of the Constitution and the
national sovereignty as well as territorial integrity of the
Republic.
The local government units (LGUs) enjoy, as provided by
law, the authority to exercise the power to create their own
sources of revenue and to levy taxes, fees, and charges which
shall accrue exclusively for their use and disposition, and which
shall be retained by them. Moreover, the LGUs, as corporations,
may exercise corporate powers granted to corporations by law
and the Local Government Code such as, among others, to
acquire and convey real or personal properties; to enter into
contracts, etc.. ( Sections 18 & 22, RA 7160).
Perhaps more importantly and basically, the LGUs do
participate, and their participation is ensured by law, in the
overall planning process, and in the implementation of
development plans, programs and projects.
Article X, Section 3 of the 1987 Constitution provides
that: “ The Congress shall enact a local government code which
shall provide for a more responsive and accountable local
government structure instituted through a system of

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decentralization with effective mechanisms of recall, initiative,
and referendum, allocate among the different local government
units their powers, responsibilities and resources, and provide
for the qualification, election, appointment and removal, term,
salaries, powers and functions, and duties of local officials, and
all other matters relating to the organization and operation of the
local units.”
The framers of the 1987 Constitution saw fit to adopt and
put in operation the principle of separation of powers to fairly
and evenly distribute governmental powers among the legislative,
executive, and the judiciary without any one having
concentration and supreme political direction and authority over
the other branches.
The separation of powers, the distribution of authority
within a single government, it was thought, will prevent
absolutism, tyranny, and other undesirable characteristics in
governance. To ensure faithful observance of the principle, it is
further tempered by adding the practice of checks and balances.
Under this practice, the Legislative branch is checked by
the President through his veto power; and it in turn checked the
Executive branch through the power to appropriate money,
impeach, and, in the case of the Senate, confirm appointments
and ratify treaties.
The Supreme Court is checked by dependence upon
Congress in several respects, for instance, appropriations and
appellate jurisdictions; and by the President as regards
appointment of justices; and it in turn exercises the power of
judicial review, ruling the validity of acts passed by Congress and
approved by the President.

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As aptly stated, the Court, in Angara vs. Electoral
Commission, said:
“ The separation of power is a fundamental principle in
our system of government. It obtains not through express
provision but by actual division in our Constitution. Each
department of the government has exclusive cognizance of
matters within its jurisdiction, and is supreme within its own
sphere. But it does not follow from the fact that the three powers
are to be kept separate and distinct that the Constitution intended
them to be absolutely unrestrained and independent of each
other. The constitution has provided for an elaborate system of
checks and balance to secure coordination in the workings of the
various department of the government.”
REASONS ADVANCED WHY SHIFT TO
FEDERAL GOVERNMENT
“ The main purpose … of urgently shifting to a Federal
form of government is for more effective and efficient
governance to hasten the promotion of peace and prosperity in
the Philippines.” said a certain Chito R. Gavino III of the Kami
Dabaonan Foundation, Inc..
He further stressed that the aspiration for self-
determination of Muslim and Lumad Filipinos will be better
realized if the country will be converted into a federal form.
Moreover, this will contribute much to peace and order in the
Philippines.”

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Shifting to a federal form will make our entire
government closer to the people as the overall government
structure will be more responsive to the needs of the people, the
proponents stressed.
According to Senator Aquilino “Nene” Pimentel, “ the
only peaceful, legal and constitutional answer left open to those
who wish to lay down the foundation for a just and lasting peace
in the Morolands in Mindanao, and which will also speed up
economic development of the entire country is for us to adopt a
federal system of government for the Republic.1”
He further stressed that “The ultimate answer of the
Mindanao challenge is the adoption of a federal system of
government for the country to give the Bangsa Moro state of their
own2”
“State of their own” means that the Bangsa Moro State
will have “its own constitution”,3, the governing law which
establishes its government, defines its powers, and provides for
its structure, and the judicial system they would adopt, among
others, according to Rey Magno Teves of Kusog Mindanao.
Put into operation, this means, each of the proposed states
will have its own head of state with all the departments, bureaus,
and offices under the executive branch; a legislature or congress
which could be unicameral or bicameral; and a supreme court,
court of appeals, and other lower courts of its own under its
judiciary branch of government.
The then Deputy Secretary General for Mindanao of the
Vice Mayors League of the Philipppines, Jaime M. Catulong,
also averred that “ the incessant demand for an independent

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Islamic State for the MILF could be adequately answered by a
federal system of government.4” In fact, this appears to be the
principal purpose of effecting the desired change to a federal
system – to respond to the armed separatist struggle of the MILF,
and the terrorism of the Abu Sayyaf.5
Other reasons advanced by the proponents to federalizing
the country are: improved governance because federal system is
highly decentralized type of government; productivity and
competitiveness of the Filipino people in a global economy will
be greatly enhanced because decision-making will be expedited;
more equal representation in the Senate; higher percentage in
revenue collection; and vital reforms have greater chances of
being introduced and implemented.
HOW WILL THE PHILIPPINES BE
FEDERALIZED?
Under a federal system, the Philippines can accordingly
be re-constituted into any appropriate number of states, each
one having its own constitution, the basis of its existence, adopt
its name, choose its capital, flag, anthem, and seal, declared Rey
Magno Teves.6
The proponents for federalism propose that the Federal
Philippines may comprise of seven or ten or eleven states.
Meaning, the country will have to be divided into several sub-
states, each independent and having a constitution of its own, and
a government with all the characteristics of a sovereign state.7
Then, these newly created states will have to be reconstituted or
they will be stitched back together again to form the Federal
Philippines.8

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Understandably, as proposed, each of these states would
be independent and sovereign, having undisputed political power,
and right to make decisions and act accordingly as it sees fit. As
sovereign states, each can decide on what government structure
and form it will adopt, and how powers are defined and
distributed among the executive, legislative, and the judiciary
branches of government.
The government structure and form could either be
presidential or parliamentary where the head of government
and/or state is the President or the Prime Minister, respectively.
The legislature can either be unicameral or bicameral; and the
judiciary may be the usual one Supreme Court, Court of Appeals,
and other lower courts, and/or adopt the supremacy of Shariah
justice system, as the case may be.
Under the Senate Joint Resolution No. 10, principally
sponsored by Senator Aquilino Q. Pimentel, Jr., and filed on 23
April 2008, the proposal is to “convert the nation into the
Federal Republic of the Philippines” consisting of eleven states
“created out of the Republic” in addition to Metro Manila which
shall be constituted as the Federal Administrative Region, to wit:
1. The State of Northern Luzon;
2. The State of Central Luzon;
3. The State of Southern Tagalog;
4. The State of Bicol;
5. The State of Minparom;
6. The State of Eastern Visayas;
7. The State of Central Visayas;
8. The State of Western Visayas;
9. The State of Northern Mindanao;

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10. The State of Southern Mindanao; and
11. The State of Bangsamoro.
The process towards federalizing the Philippines will,
therefore, involve a stage where the country will be divided first
into “any appropriate number of independent states”. Then it will
be reconstituted into a federal republic. Surprisingly, however,
Senator Pimentel also declared that “Adopting a federal system
of government will forestall the fragmentation of the republic.”9
Fragmentation, from the root word “fragment” means “a
piece broken off from the whole.”
Simply stated, Senator Pimentel is telling us that adopting
a federal system of government for the country will, in stead,
forestall or frustrate the intention of breaking or dividing the
country into parts or states. This statement of the good Senator,
who himself is one of the proponents for federalism is, to say the
least, indeed, contradicting with his group, intriguing and very
confusing.
What really is federalism?
What will really happen to the Republic of the
Philippines if we adopt a federal system of government? What do
the likes of Pimentel, Teves, et al mean that it will “forestall the
fragmentation of the republic” but at the same time propose that
the country has to be divided into “any appropriate number of
states, each having its own constitution with the character of a
sovereign state”?
Is it possible for one single independent state, like the
Philippines, be reformed into a federal government without fear

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of any possibility that any of the newly created states, like the
Bangsa Moro, the Cordillera Autonomous Region, etc., may
declare absolute independence and finally secede from the
republic, and, therefore, will in stead jeopardize the sovereign
existence of the country as one whole nation?
How federal governments are actually formed?
Is there, in history, any single independent state that was
reformed, broken into small regions and sub-states and then
reconstituted itself into a federal republic? That after chopping it
up into several states was again stitched back into a federation of
the chopped and smaller states?
FEDERALISM: WHAT REALLY IS IT?
A review on the New Webster Dictionary and Thesaurus
of the English Language gives us the following standard
definition of terms:
1. Federal – adj. – characterizing an agreement
between states to unite; foregoing some
sovereignty but remaining independent in internal
affairs;
2. Federalize –verb – to unite in a federation;
3. Federate – verb – to come together in federation or
to organize states into a federation;
4. Federation –n.- the act of uniting with the league
for common purpose as in forming a sovereign
power while each member state retained control of
internal matters;
5. Federacy –n- an alliance, federation of states;

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6. Federalism –n- the federal principles of
government, matters that the state governments
cannot handle satisfactorily are entrusted to the
federal government, and the federal government‟s
authority is limited to those matters;
7. Federal District –n.- an area set aside by a country
as the seat of its capital. Example: District of
Columbia in the USA.
The Wikipedia, 2016 ed., also defines Federal republic
as a federation of republics; and Federation (federal system) as a
type of government characterized by both a central (federal)
government and states or regional governments that are partially
self-governing; a union of states.
According to Harold Zink in his book “A Survey of
American Government”, “ if a number of independent
governments without surrendering their independence join
together to handle certain problems, such as protection against
external enemies, which they cannot take care of satisfactorily
alone, it is said that a “confederation” has been formed. If the
several governments go a step farther, give up their
independence, and form a new government, at the same time
retaining certain powers, this is known as a “federal type.” Under
this system part of the authority is conferred on the central
government, while the remainder is reserved to the component
subdivisions or to the people.”10
The first thirteen colonies of the United States after
declaring their independence from Great Britain, and adopted
their respective written constitution, first entered into a
confederation which was expected to handle defense and certain
other matters of mutual interest and difficult problems, such as

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waging war against England.11 However, the confederation
possessed no genuine authority and could not even levy taxes,
consequently its weakness was such that it failed to accomplish
what it was intended to do. The convention of 1787, called to
work out an arrangement for reducing the weaknesses of the
confederation, decided to recommend an entirely new system of
government which would be federal in character. Under this, the
national government was given definite powers relating to
foreign relations, national defense, interstate and foreign
commerce, public finance and other matters of common concern,
while the remaining authority was reserved to the states or to the
people. Canada, Australia, Mexico, Brazil, Switzerland, and
Argentina are current examples of federal government.”12
In their declaration of independence, the thirteen colonies
affirmed that they were FREE AND INDEPENDENT STATES;
and as such, they have full power to contract alliance, establish
commerce and do all other acts and things which independent
states may of right do, and mutually pledge to each other their
lives, fortunes, and their sacred honor.
In the Groiler, Encyclopedia of Knowledge, Book No. 7,
federalism is defined as a form of government in which power is
divided between a central government and several formerly
independent regional governments. The regional governments
maintain partial autonomy after being subsumed into the larger
central government. The central government is responsible for
matters of mutual concern to all regions, such as foreign affairs,
defense, and currency, while the regional governments are
entrusted with authority over other matters such as education. In
the United States, for example, the individual states surrender
partial sovereignty but retain all rights and prerogatives not
specifically assigned to the federal government under the

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constitution. In the Tenth Amendment of the US Constitution, it
stipulates that “ the powers not delegated to the United States by
the Constitution, nor prohibited by it to the states, are reserved
to the states respectively, or to the people.”
According to James Q. Wilson in his book “ American
Government” c1987, “Federalism refers to a political system in
which there are local (territorial, regional, provincial, state, or
municipal) units of government, as well as a national
government, that can make final decisions with respect to at least
some governmental activities and whose existence is specifically
protected. Almost every nation in the world has local units of
government of some kind, if for no other reason than to
decentralize the administrative burdens of governing. But these
governments are not federal unless the local units exist
independently of the preferences of the national government and
can make decisions on at least some matters without regard to
those preferences.”
He further stressed that “A federation- or a “federal
republic”, derives its powers directly from the people, as do the
state governments. Both levels of government – the national and
the state – would have certain powers, but neither would have
supreme authority over the other.” The national government
would have only those powers given to it by the Constitution.
In all modern federal systems the authority of the central
and regional governments is specified in a written constitution,
and conflicts of authority between the two are decided by a
judicial authority. The national and the state would have certain
powers, but neither would have supreme authority over the other.

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Christian E. Rieck in his article “Fundamentals of Federal
Systems” stated that “Federalism is derived from the Latin
expression foedus meaning “alliance, coalition, contract.”
Consequently, it describes the free association of small equal
political units within a larger, independent political entity while
ensuring the autonomy of the original units. Entities and Union
in a true federalism, therefore, is based upon the concept of
dual sovereignty.”
Federalism, also referred to as federal government, is a
national or international political system in which two levels of
government control the same territory and citizens. The word
federal comes from the Latin term fidere, meaning “to trust.”
Countries with federal political systems have both a central
government and governments based in smaller political units,
usually called states, provinces, or territories. These smaller
political units surrender some of their political power to the
central government, relying on it to act for the common good.
In a federal system, laws are made both by state,
provincial, or territorial governments and by a central
government. In the United States, for example, people who live
in the state of Ohio must obey the laws made by the Ohio
legislature and the Congress of the United States. In Canada,
residents of the province of Québec follow the laws made by
Québec‟s legislature and those made by the Canadian parliament.
In addition to the United States and Canada, countries that are
considered federalist include Australia, Brazil, Germany, India,
Malaysia, Mexico, Nigeria, and Switzerland.
Federal political systems divide power and resources
between central and regional governments. The balance of power
between the two levels of government varies from country to

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country, but most federal systems grant substantial autonomy to
state or provincial governments. Central governments decide
issues that concern the whole country, such as organizing an
army, building major roads, and making treaties with other
countries. Federalism varies in practice, however, and in some
countries with federal systems the central government plays a
large role in community planning, schools, and other local issues.
Based on the various practices of different countries
which adopted the federal system, a doctrine of Dual Federalism
evolved and/or emerged. This doctrine holds that though the
national government is supreme in its sphere, the states are
equally supreme in theirs, and that these two spheres of action
could and should be kept separate.
Applied to commerce, the doctrine of dual federalism
implies that there is a thing as interstate commerce which
Congress or the Federal Government could regulate; and
intrastate commerce which only the states could regulate, and
that the Supreme Court could tell which is which.
Federal political systems are relatively uncommon around
the world. Instead, most countries are unitary systems, with laws
giving virtually all authority to the central government. The
central government may delegate duties to cities or other
administrative units, but it retains final authority and can retract
any tasks it has delegated. The central government in a unitary
system is much more powerful than the central government in a
federal system. Cameroon, France, Italy, Japan, Kenya, Morocco,
South Korea, Sweden, and Uruguay are examples of unitary
systems.

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The Doctrine of DUAL FEDERALISM: Illustrated
PARTICULARS STATE GOVERNMENT FEDERAL GOVERNMENT
Power/AuthorityIntrastate matters Interstate and Foreign matters
Policing/Law Enforcement National Defense/Army
Intrastate commerce/trade Interstate commerce/trade
Health & Public Schools Currency/Minting
Natural resources Foreign relations
Housing & Zoning Interstate & Major roads
( Philippines Model) ( USA Model )
Legislative Congress ( Bi-cameral) Congress ( Bi-cameral)
24-member Senate elected 50-member Senate, 2 per state
at large for a 6-yr term. elected by electoral college.
Max. 250-member HR/LH > HR members elected by state
elected by districts and in proportion to population.
By the party-list system.
Executive President President
Elected at large for 6-yr term Elected by state electoral college
Without reelection. For a 4-yr term with reelection/
Judiciary One Supreme Court & Supreme Court & Lower Courts
Lower courts ( Court of Appeals Federal District Courts
RTC, MCTC, MCs, etc._ Special Courts, and
Circuit Courts of Appeal
Political Provinces State
Sub-Divisions Cities (HUCx, CCs) County
Municipality Town or Township
Barangay Villages or Boroughs
Other units: Magisterial districts,
Precincts, election districts, etc.

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FEDERALISM: CONCEPT DEDUCED
Based on the various definitions presented, it can be
safely deduced that “federalism” is a form of government
resorted to by a number of independent states to solve or address
certain common problems. Clearly, it requires “ two or more
independent states” to form a federal government. The formation
is borne out of a realization that alone and individually, these
states cannot do so much. They have their own limitations. There
are matters they cannot do. And only in joining together that
they, among and with their equals, can do more to solve common
problems.
Federalism presupposes therefore the existence first of
independent states or regional autonomous units, or whatever you
call them- colonies, cantons, provinces, who join together to
undertake services or perform functions commonly beneficial.
These services or functions are basically the only ones to be
undertaken by the federal government. Those that are not
expressly assigned to the federation are left to be performed by
the individual member state.
The formation of a federal government involves certain
fundamental process. Sine qua non is that there should be first a
number of independent states who agree and are willing to assign
some of their common functions to a central institution, the
federation or the federal government. Thus, according to Thomas
Jefferson, “ the federal government is the product of an
agreement among independent states”, and the process is
centralization of function or power in a central government. It is
not the reverse wherein an independent state or country, like the
Philippines, breaks itself into “any appropriate number of sub-
states”,13 and prescribes the character of these sub-states, and

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decides which services or functions they will individually
perform, and what are to be retained by the mother state. Then,
stitch them back again into a federal republic of the Philippines?
This concept of federalism skipped my study, and is, to
my mind, not yet tried; and, therefore, not existing. There is no
such kind of federal republic. How can we federate a single state
if not break it first into several independent states. Then, let this
newly created states agree and decide among themselves, and by
their own, if ever they would federate into whatever form of
federation of states, either adopting a presidential system or the
parliamentary.
Nobody has the authority to decide for them. As
independent and sovereign states, they decide for themselves.
The process of passing down or delegating functions or
powers of government to its subdivisions is decentralization or
devolution. This is the essence of the present Local Government
Code of the Philippines or Republic Act 7160 which Senator
Pimentel himself fathered; and that of RA No. 6734 or the law
that created the Autonomous Region in Muslim Mindanao
(ARMM).
THE CLASSIC CONCEPT OF FEDERALISM:
In doctrine and practice, Federalism has in essence the
simultaneous existence of two (2) governments –federal and
state – over the same territory and people with each of these two
governments impinging directly upon the same individual and
territory claiming sovereign power within its sphere of
jurisdiction, subject only to the judicial review by the highest
court.

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The states surrender some of their political powers to the
federal/central government relying on it to act for the common
good.
The federal/central government is given definite powers,
while the remaining authority (residual) is reserved to the states
or to the people.
The federal/central government and the states have certain
powers, but neither have supreme authority over the other.
Powers not expressly granted to the federal/central
government by the Constitution, nor prohibited by it to the states
are reserved to the states. ( residual power).
Lines of Power in Three Systems of Government
UNITARY SYSTEM

 Power centralized.
 State governments derive authority from central government.
 Examples: United Kingdom, France.
Central Goverment
States
Citizens

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FEDERAL SYSTEM
 Power divided between central and state governments.
 Both the central government and the constituent governments act
directly upon the citizens.
 Both must agree to constitutional change.
 Examples: Canada, United States since adoption of Constitution.
CONFEDERAL SYSTEM ( CONFEDERATION)


 Power held by independent states.
 Central government is a creature of the constituent governments.
 Examples: United States under the Articles of Confederation.
State
Goverment
State
Govermen
Citizens Citizens
Central
Goverment
State
Goverment
State
Govermen
Central
Goverment
Citizens Citizens

25. 25
25

FORMATION OF FEDERAL GOVERNMENTS
TO LEARN
1. The United States of America (USA)14
The United States (USA), as we know today, is a
federal republic of 50 states. It came into existence as a
result of the American Revolution of 1775-1783 when the
13 original states, who were formerly independent
colonies of England or Great Britain, for basically defense
alliance purpose, formed themselves in 1776 into a
confederation but retaining their sovereignty as enshrined
in their respective constitution. In 1781, the confederated
states adopted its formal name, the United States of
America.
We know later that the confederation did not
survive. It lacked taxing powers. So, in 1787, the
confederated states decided to start afresh. This time, by
centralizing more state powers to the national
government, such as the regulation of interstate and
foreign commerce, foreign affairs and defense, the Indian
affairs, control of national domain, and the promotion of
general welfare.
The national government was also empowered to
levy taxes, duties, imports and excise, thus, forming the
federal republic. The other states joined the federation
later. The last to join were Alaska, and the 50th
state,
Hawaii.

26. 26
26
Interestingly, the Constitution of the United States
drafted by the thirteen original states was ratified only by
twelve states, save Rhode Island, on September 17, 1787.
Article VII thereof provided that “ The Ratification of the
Conventions of nine States, shall be sufficient for the
Establishment of this Constitution between the States so
ratifying the Same.”
Rhode Island exercised its independence and
sovereign right not to ratify when the Constitution was
submitted for ratification because of its citizens‟
apprehension at yielding power to the federal government.
It ratified the Constitution though later in 1790, and
finally joined the federation.
2. The Union of Soviet Socialist Republics
(USSR)15
The USSR, as we know today, is no longer in
existence. In 1991, when the Communist Party was
weakened, most of the member republics seceded and
declared their independence from the Union.
Earlier, the USSR was a federal republic
composed of 15 republics. It started on December 30,
1922 with only four (4) members. Through annexation,
the members increased to 15 by the end of World War II.
The primary reason for the federation was the embrace of
communism when the central state institution controls and
directs the administration of all industry, transportation,
construction, trade and substantial part of agricultural
production.

27. 27
27
“The constitution of the Union of Soviet Socialist
Republics (USSR) has in theory created a federal system,
but in fact none of these “socialist republics” is in the
slightest degree independent of the central government in
Moscow”. (James O. Wilson,1987)
Soviet Federalism arose as a device for
organizing many national groups under a uniform
ideology, and a transitional device to centralization.
(Mcridis, 1983,p.508.)
One learning we could possibly get from the
USSR‟s experience is that the abolition of the federal
republic does not necessarily dissolve the existence of the
member states or republics. Each member being an
independent state by itself
3. The Federation of Malaysia16
Malaysia is a federation of 13 states (Johor,
Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang,
Perak, Pinang, Perlis, Sabah, Sarawak, Selangor, and
Terengganu) and 2 federal territories (Kuala Lumpur and
Labuan). Kuala Lumpur, coextensive with the federal
territory, is the capital and largest city.
It was founded in 1957 by Malaya, Singapore,
Sarawak, and Sabah who were already independent states
or territories at the time. They were influenced by
Budhist, and/or colonized by the Portuguese, the Dutch,
and the British.

28. 28
28
Malaysia is divided into two regions, known as
West Malaysia and East Malaysia. West Malaysia, also
known as Peninsular Malaysia, consists of the southern
portion of the Malay Peninsula and nearby islands.
Thailand borders West Malaysia on the north, and
Singapore lies off the southern coastal tip. East Malaysia
occupies the northern section of Borneo Island, as well as
offshore islands. East Malaysia shares Borneo with
Brunei, which lies on a small section of the northern
coast, and with the Kalimantan region of Indonesia, which
lies to the south.
The head of state of Malaysia is the Yang di-
Pertuan Agong (Supreme Head of the Federation), who is
selected by and from nine hereditary sultans, or rulers,
and serves a five-year term. Executive power is exercised
by the prime minister, who is the leader of the majority
party or coalition in the house of representatives and is
appointed by the head of state.
In 1961 Tunku Abdul Rahman, Malaya‟s first
prime minister, proposed a Malaysian federation of
Malaya, Singapore, Sarawak, North Borneo (later called
Sabah), and Brunei. All but Brunei joined the federation
in 1963.
When Singapore could not reconcile itself with the
Federation because of economic and political disputes
based on racial differences, it seceded in 1965, and
decided to stay as a single independent state.
Another lesson we could possibly learn. Any
member state of a federation can secede. Moreover, an

29. 29
29
independent state may or may not join a federation.
Brunei, an independent British colony, despite being a
part of East Malaysia, one of the two regions of the
Federation, hitherto has not joined the Federation of
Malaysia.17
4. Switzerland18
Switzerland, officially the Swiss Confederation, is
a federal republic in Europe. It consist of 26 cantons, and
the city of Bern is the seat of the federal authorities.
The Federal Constitution adopted in 1848 is the
legal foundation of the modern federal state. A new
Constitution was adopted in 1999, but did not introduce
notable changes to the federal structure. It outlines basic
and political rights of individuals and citizen participation
in public affairs, divides the powers between the
Confederation and the cantons and defines federal
jurisdiction and authority.
There are three main governing bodies on the
federal level: the bicameral parliament (legislative), the
Federal Council (Executive) and the Federal Court
(Judicial).
The Federal Council constitutes the federal
government, directs the federal administration and serves
as collective Head of State. It is a collegial body of seven
members, elected for a four-year mandate by the Federal
Assembly which also exercises oversight over the
Council.

30. 30
30
The President of the Confederation is elected by
the Assembly from among the seven members,
traditionally in rotation and for a one-year term; the
President charis the government and assumes
representative functions. However, the president is a
primus inter pares with no additional powers, and
remains the head of a department within the
administration.
Switzerland, as a federal republic, was formally
constituted in 1848 as a result of the 30 years war which
served to untie the Swiss people, and led to the formal
recognition of the confederation‟s independence by the
Holy Roman Empire.
It must be recalled that very much earlier, in 1291,
Uri, Schuyz, and Unterwalden were already independent
cantons or regional units. These areas were successively
invaded since Julius Caesar‟s legions in 58 BC, and by
the Alemnanni, Burgundians, Ostrogoths, and Franks in
the 10th
and 11th
centuries. As a consequence, these
cantons entered into a mutual defense alliance or
confederation. They were later joined by Lucern, Zurich,
and Bern. The Austrian followed. Then, the Burgundians.
Sonderbund attempted to secede from the
confederation, but was prevailed upon to stay by the other
cantons.

31. 31
31
5. Australia19
Australia was discovered by the Dutch in 1642. In
1770, it was rediscovered by the British. These
discoveries led to the establishment of settlements which
were transformed into colonies with colonial
governments.
In the 1850s, conflict between colonial
governments erupted. These conflicts later fostered the
growing recognition of the need for colonial union. By
1901, the colonies federated, and enacted the White
Australia Policy. Later in 1927, Melbourne joined the
federation. This was followed by the external territories in
1984.
Today, Australia is a federation of five mainland
states: New South Wales, Queensland, South Australia,
Victoria, and Western Australia, and one island state of
Tesmania, and two territories, the Northern Territory, and
the Australian Capital Territory.
6. The Federated States of Micronesia (FSM)20
The Federated States of Micronesia (FSM) is a
Pacific island grouping in the eastern Caroline Islands. It
comprises four states. From east to west they are Kosrae,
Pohnpei (formerly Ponape), Chuuk (formerly Truk), and
Yap. Kolonia, on Pohnpei, is the capital.
Yap, Chuuk, Pohnpee, and Kosraei had been Trust
Territories of the Pacific Islands since 1947. In 1979, they

32. 32
32
formed the federation. In 1983, they declared as a
sovereign state in free association with the United States.
The four states have considerable autonomy. Each
has a unicameral legislature, a governor, and a lieutenant
governor. All officials are elected. There are municipal
governments at the village level. Some village leaders are
elected while others are traditional chiefs.
In 1991, the Federated States of Micronesia
became a UN member.
7. Mexico 21
Mexico became a federal state in 1927. Earlier, it
had two types of civilization: the highland, characterized
by states and empires with elaborate class structures,
advanced architecture, bureaucracies, and densely settled
agrarian areas; and the lowland civilization of primitive
aboriginal groups.
The ancient empires before the Spanish conquest
of 1519-21 included the Maya, Taltec, and Aztec. Later,
with the advent of westerners, two new diverse
civilizations emerged, the American Indians, and the
Spanish.
The 1917 constitution of Mexico clearly provides
division of powers between the central government, and
those retained by the 31 states, and the federal district of
Mexico City.

33. 33
33
8. Argentina 22
Argentina is a federal republic made up of 23
provinces, one territory, and the federal capital. It adopted
a constitution in 1953. In 1862, it became a fully
integrated federal structure as provided by their
constitution.
Very much earlier, in 1516, the Spanish
colonization resulted to the establishment of several
colonies with colonial governments. These were Buenos
Aires in 1536; Santiago in 1553; Mendoza in 1561; San
Juan in 1562; Tucuman in 1565; Cordova in 1573; Salta
in 1582; La Roja in 1591; and San Luis in 1596.
Later, the conflict erupted between the centralist
and the federalist which resulted to an almost continuous
civil war. The federalist consolidated to rule in 1835 to
1852. Then, in 1853, a constitution was adopted.
Argentina became a full federal republic in 1862.
9. Kingdom of Belgium 23
The formation of Belgium dates back during the
Burgundian period, 1384-1482. It comprises the former
Belgae of 57 BC, the Frankish kingdoms of the 5th
century, and the Empire of Charlemagne of the 9th
century
which was also composed of Lotheir and Lotharingei, and
the later principalities of Flanders, Bregbant, Limburg,
Bishopric of Liege, Bainut, Namur and Luxemburg.

34. 34
34
Belgium is a constitutional, representative, and
hereditary monarchy. Succession to the throne is
determined by primogeniture. The present ruler is King
Albert II. The Belgian constitution was promulgated in
1831 and revised in 1893, 1921, 1970, 1971, 1980, 1989,
and 1993. The reforms of the 1970s and afterward
gradually transformed Belgium into a federal state, giving
the majority of essential governmental powers to the three
regions: Flanders, Wallonia, and Brussels.
Belgium is divided into the three federal regions
of Brussels (population, 2000 estimate, 959,318),
Flanders (5,940,251), and Wallonia (3,339,516). These
regions are further subdivided into the ten provinces of
Antwerpen, Flemish Brabant, Walloon Brabant, East
Flanders, Hainaut, Liège, Limbourg, Luxembourg,
Namur, and West Flanders, and into nearly 600
communes (administrative districts). The chief cities and
their 2000 populations are Brussels (959,318), Antwerp
(445,570), Ghent (224,685), Charleroi (200,233), and
Liège (184,550).
The formation of Belgium was basically
influenced by the common culture, and the textile
industry of the various kingdoms and states during the
time.
Belgium has devised a two-tiered system of
regional government to address political and cultural
differences. Each of the three federal regions elects its
own council, which is responsible for territorial matters
such as planning, transportation, water, energy,
municipalities, and regional development.

35. 35
35
Each of the ten provinces has a council of 50 to 90
members who are chosen by direct vote. The provinces
are subdivided into administrative districts, often based in
cities and towns, called communes. Each commune is
administered by a burgomaster appointed by the king. The
town council, directly elected to six-year terms, advises
the king on this appointment. The council elects an
executive body called the board of aldermen.
Local government on all levels possesses a large
degree of autonomy, a tradition that originated in feudal
times.
10.Germany 24
The federal constitution of Germany, the Basic
Law, was put into effect at a constitutional convention in
1949. The constitution provides for a president, a largely
ceremonial post. The legislative branch consists of two
houses: the Bundestag or House of Representatives, and
the Bundesrat or the Federal Council. The federal
chancellor is the head of the government Cabinet
ministers are nominated by the Chancellor and approved
by the President.
Individual state governments have considerable
power- the right to levy taxes, to establish educational and
cultural policies, and to maintain police forces. Each
state‟s chief official is a president elected by popular vote.
Each state has its own parliament.

36. 36
36
The ten original states (lander) were Baden-
Wurttemberg, Bavaria, Bremen, Hamburg, Hessen, Lower
Saxony, North Rhine-Westphalia, Rhineland-Palatinate,
Saarland, and Schleswig-Holstein. In October 1990, these
were joined by the five states of East Germany ( which
had been reestablished in July 1990): Branderburg,
Mecklenburg-West-Pomerania, Saxony, Saxony-Anhalt,
and Thuringia.
From 1945 until its reunification in 1990,
Germany was divided into two states, the Federal
Republic of Germany (West Germany), and the German
Democratic Republic ( East Germany).
Following Germany‟s defeat at the end of WWII,
the country was divided into four zones of occupation by
the Allies- France, Britain, the United States, and the
USSR. In 1949, West Germany was created from the
combined British, French, and US Zones; and East
Germany was soon created from the Soviet-occupied
zone. Berlin, the capital of Germany, was also divided
into occupation sectors after the war and subsequently
partitioned.
In March 1990, East Germany held its first free
elections in more than half a century. The electorate voted
the Communist government out of office and endorsed
union with West Germany. With the agreement of the US,
the USSR, Britain, and France, East Germany became
part of the Federal Republic of Germany on October 3,
1990, and Berlin became the capital of the unified state.

37. 37
37
Baden is a former state in the extreme southwest
of Germany. In 1952 it was combined with two other
states to form Baden-Wurttemberg, one of the ten lander
(states) of West Germany.
Baden became a political entity in 1112 when a
member of the Zahringen family, Hermann, grandson of
Bertold, duke of Carinthia, took the title of margrave of
Baden.
Bavaria is a state in Southern Germany. It was
conquered by the Romans, overrun by Germanic peoples,
and incorporated in 788 into the Charlemagne empire. It
was proclaimed a kingdom under French auspices in
1806, and became part of the German Empire in 1871.
Bremen is a port city in Northern Germany. It
was founded about 787AD. It was declared a free city in
1646, and maintained its independence until 1815 when it
merged with the German Confederation.
Hesse ( Hessen in German) is a state in Central
Germany. It was created in 1945 by merging the former
German state of Hesse, or Hesse-Darmstadt, with the
former Prussian province of Hesse-Hassau, originally
Hesse-Kassel.
Hesse became an independent landgraviate
(county) at the end of the 13th
century.
Saxony took its name from the Saxons, a
Germanic people. Those Saxons who did not migrate with
the Angles and Jutes to England preserved their

38. 38
38
independence until the late 8th
century, when
Charlemagne incorporated them into his state. When the
Caroloingian empire dissolved, Saxony survived as one of
the five tribal duchies.
Saxony emerged from the Napoleonic wars as a
kingdom that endured until 1918. It was a state under the
Weimar Republic, the Third Reich, the German
Democratic Republic (East Germany), but it was finally
eliminated as a separate administrative unit in 1952.
11.United Kingdom of Great Britain and
Northern Ireland 25
The UK was formed in 1707 out of the formerly
separate kingdoms of England and Scotland, the
principality of Wales, and the six (6) counties of
Northern Ireland. Ireland was made integral part of UK in
1801.
It must be recalled that Wales became part of the
English kingdom in 1282. When Scotland and England
were ruled by the same Monarchs after 1603, the move to
unite the states started. It was not until 1707 though that
the formation of the Kingdom of Great Britain was
realized.
Recent changes: the local government was greatly
reorganized in 1996 in Scotland and Wales. The two-tier
structure of local government was replaced with unitary
authorities, under the belief that most places would be
better served by one layer of government than two.

39. 39
39
Government in Scotland and Wales changed again
in 1997, when both regions voted to create their own
legislature to handle local matters – a parliament in
Scotland and assembly in Wales. This step taken by the
British government is called devolution, a process by
which the powers of the central government over local
affairs are devolved, or passed down to the people
through their own democratically elected local
legislatures. (Encarta Ref. Library 2004)
The United Kingdom is basically a unitary
constitutional monarchy with a parliamentary form of
government. The ruling sovereign is the Queen. As Head
of State, the sovereign ceremonially opens its session of
Parliament and entrusts executive authority to the prime
minister and the cabinet.
Britain is a unitary, not a federal state.
Parliament is supreme over the whole of the United
Kingdom. No localities exist whose governments have co-
equal legal status with that of Parliament. Local
authorities such as County Councils or Borough Councils
can be altered altogether by an Act of Parliament.
Legislative authority rests with a bicameral
Parliament of directly elected 650-member House of
Commons (Lower House) and the House of Lords (Upper
House) consisting of hereditary and life peers.
The Prime Minister is appointed by the sovereign
as the leader of the majority party or coalition parties in
the House of Commons. The maximum term of
Parliament is 5 years.

40. 40
40
12.Canada 26
Canada is a self-governing federal union of ten
provinces and two territories within the Commonwealth
of Nations.
The British North America Act, uniting the
provinces of Canada, New Brunswick, the Nova Scotia
was passed by the British Parliament in 1867, to go into
effect on July 1, 1867. The name of the new union was
Dominion of Canada.
The union was federal and created four provinces
out of the old three by splitting the Province of Canada
into two – Ontario and Quebec. It provided for the future
admission of Prince Edward Island, Newfoundland, the
Hudson Bay Company territory in the west, and the
Pacific colony of British Columbia.
The federal union was strongly weighted at the
center. The federal government was given the right to
veto provincial legislation, and an aggrieved religious
minority in any province could, in special circumstances,
appeal educational rights to the federal government. The
British system of cabinet government, responsible to an
elected legislature, prevailed everywhere.
Manetoba and the Northwest Territories were
included in the union in 1870; British Columbia in 1871;
Prince Edward Island in 1873; Alberta and Saskatchewan

41. 41
41
in 1905; the Yukon Territory in 1898, and Newfoundland
in 1949.
13.India 27
The constitution adopted in 1950 provides for a
federal system with a parliamentary form of government.
Sovereignty is shared between the central government and
the states, but the national government is given far greater
powers. The office of the President is largely ceremonial,
with real authority vested in prime minister, the council of
ministers responsible to Parliament. Parliament consist of
two houses, the Raiya Sabha (Council of States) and the
Lok Sabha (House of the People). Real power resides in
the Lok Sabha.
India as a sovereign state under its own
constitutional government began on August 15, 1947
when the subcontinent was partitioned into the two
states of India and Pakistan. The new government
integrated more than 500 princely states into the new
nation, and finally absorbed the last vestiges of empire in
1962 by taking over Portuguese Goa, Daman, and Diu,
and the French territories of Pondicherry, Karikal, Mahe,
and Yanam.
The modern country of India is a union of 25
states, and 7 union territories. In 1956, the map of India
was largely redrawn along linguistic lines, with the goal
of preserving regional cultures and aspirations.
The state government resembles the federal
system. The governor of each state is appointed by the

42. 42
42
President. A chief minister and a council of state hold
executive authority, and are responsible to the state
legislative assembly.
14.West Pakistan 28
According to the constitution, Pakistan is a
federation. The country is divided into four autonomous
(self-governing) provinces; two federally administered
areas; and the Islāmābād Capital Territory, which consists
of the capital city of Islāmābād.
The four provinces are Baluchistan, the North-
West Frontier Province (NWFP), Punjab, and Sind. The
provinces are headed by governors appointed by the
president. Under the constitution, each province has a
directly elected provincial assembly headed by a chief
minister. However, the provincial assemblies were
suspended following the 1999 military coup.
The Islāmābād Capital Territory, the Federally
Administered Tribal Areas (FATA), and the Federally
Administered Northern Areas (FANA) are under the
jurisdiction of the federal government. In the FATA,
however, tribal leaders manage most internal affairs.
Azad (Free) Kashmīr has a separate and autonomous
government but maintains strong ties to Pakistan. Control
of the territory included within FANA and Azad Kashmīr
is a matter of dispute between Pakistan and India.
Pakistan‟s head of state is a president. Under the
constitution, the president is elected to a five-year term by
members of the national and provincial legislatures. A

43. 43
43
prime minister is the chief executive official. After
legislative elections, the president appoints the leader of
the majority party or majority coalition in the legislature
to serve as prime minister. As amended in August 2002,
the constitution allows the president to dissolve the
national legislature, appoint military chiefs and Supreme
Court justices, and chair the National Security Council, a
quasi-military advisory body.
Under the constitution, legislative power is vested
in the bicameral Federal Legislature. The National
Assembly (lower house) has 342 seats; 60 of these seats
are reserved for women and 10 are reserved for non-
Muslims on a basis of proportional representation.
Members of the National Assembly are directly elected
for five-year terms. The Senate (upper house) has 87
seats; senators are elected indirectly by the provincial and
national legislatures for six-year terms.
The highest court in Pakistan is the Supreme
Court. The judicial system in each province is headed by
a high court. There is also a federal Sharia Court, which
hears cases that primarily involve Sharia, or Islamic law.
Legislation enacted in 1991 gave legal status to Sharia.
Although Sharia was declared the law of the land, it did
not replace the existing legal code.
15.Socialist Federal Republic of Yugoslavia 29
The Socialist Federal Republic of Yugoslavia is a
union of six Yugoslav (South Slav0 republics ( Serbia,
Croatia, Slovenia, Macedonia, Bosnia and Hercegovina,

44. 44
44
and Montenegro) and two autonomous provinces within
Serbia ( Kosovo and Vojvodina) which existed until 1991.
Created in 1918, Yugoslavia was first call the
Kingdom of Serbs, Croats, and Slovenes. The name was
changed in 1929. Ruled by the King of Serbia, the country
was wracked by ethnic strife until its dissolution by the
Axis power during WWII. By the end of the war,
communist-led partisans had won control and re-created
Yugoslavia as a federal republic.
In 1991, Slovenia, Croatia, Macedonia and
Bosnia-Hercegovina seceded from the federation, leaving
a reduced Yugoslav state of Serbia and Montenegro. As a
consequence, then President Kostunica planned to change
the name of the state into the Federal Republic of Serbia
and Montenegro, no longer Yugoslavia.
16.The Republic of Bosnia and Herzegovina 30
Bosnia and Herzegovina ( Serbo-Croatian Bosna I
Hercegovina), officially the Republic of Bosnia and
Herzegovina, country in southeastern Europe, on the
Balkan Peninsula. Formerly a constituent republic of
Yugoslavia, Bosnia and Herzegovina declared its
independence in March 1992. Civil war then broke out
among the country‟s Muslims, Croats, and Serbs.
At the end of the war, in 1995, Serbs controlled
49% of the country‟s territory, comprising an area known
as the Serb Republic (Republika Srpska). The remaining
territory, officially known as the Federation of Bosnia and
Herzegovina (Fedeeracija Bosna I Hercegovina), was

45. 45
45
controlled by a federation of Muslims and Croats. The
Muslim-Croat federation and the Serb Republic together
constitute the Republic of Bosnia and Herzegovina. In
reality, since the war, the country has remained divided
three ways- among the Muslims, Croats, and Serbs –
despite international attempts to unite it.
Its new constitution provided for a three-member
presidency and a bicameral legislature. The central
government has very little authority within the country,
however, and for the most part its power extends only to
foreign trade and foreign affairs.
The new constitution recognizes Bosnia as a state
officially composed of two entities, the Serb Republic and
the Federation of Bosnia and Herzegovina. All
governmental functions not given expressly to the central
government belong to the entities.
17.Federal Islamic Republic of the Comoros 31
This island nation is situated in the Mozambique
channel between Madagascar and the African mainland. It
comprises three main islands – Grande Comore, Anjouan,
and Maheli (renamed Njazidja, Nzwani, and Mwali,
respectively in 1977). Moroni, the capital is on Grande
Comore.
A fourth island in the Comoros archipelago,
Mayotte, did not join the federal republic.
These islands were formerly colonies attached to
France. After generally winning greater internal

46. 46
46
autonomy, all the islands, except Mayotte, voted in favor
of independence in 1974. In 1975, Comoros unilaterally
declared independence from France. In 1978, the three
main islands approved a constitution making Comoros a
federal Islamic republic.
Mayotte, one of the Comoros islands, was taken
possession by France in 1843. It voted to remain attached
to France when Comoros gained independence in 1975.
Two additional referenda in 1976 reaffirmed this decision
18.United Arab Emirates ( UAE) 32
UAE is a federation of hereditary absolute
monarchies, established in 1971, composed of seven
emirates or sheikhdoms of Abu Dhabi, Dubai, Sharjah,
Ras al-Kghaimah, Umm al-Qaiwain, Ajmen and Jujairah.
Each emirate is governed by an absolute monarch;
together, they jointly formed the Federal Supreme
Council. One of the monarchs is selected as the President
of the United Arab Emirates.
Its legislature is the Federal National Council; and
petroleum dominates the economy.
19.United Arab Republic ( UAR ) 33
UAR was a short-lived federation of Egypt and
Syria formed in 1958. Syria, disenchanted by Egypt‟s
domination of the federation, left the union in September
1961. Yemen (Sana) which had also joined the UAR, also
left the union shortly thereafter.

47. 47
47
20.Austria 34
Austria is a federal parliamentary republic
reestablished after WWII in 1945. It comprises of nine
states or political subdivisions: Styria, Tyrol, Vorarlberg,
Salzburg, Upper Austria, Lower Austria, Vienna,
Burfgenland, and Carinthia.
A president, popularly elected for a 6-year term, is
the head of state, but most governmental power rests with
the chancellor and his cabinet who function for as long as
their policies enjoy the confidence of the parliament.
The Chancellor or prime minister is usually the
head of a political party with the largest number of seats
in the lower house of parliament, the National Council (
the Nationalrat).
The National Council members are elected for a 4-
year term. Members of the largely advisory upper house,
the Federal Council (Bundesrat), are elected by the
provincial legislature (Landtag) the number from each
province being apportioned on the basis of population.
Each of the nine states has a governor chosen by
its unicameral Landtag.
21.Republic of South Africa 35
The interim constitution for this government,
approved late in 1993, created a strong federal
government with nine (9) provinces. There is a bicameral

48. 48
48
parliament – a 400-member National Assembly elected by
proportional representation that is to write a permanent
constitution and make laws; and a 90-member Senate
elected by the new provincial legislature that is to protect
regional interests.
All parties with at least 5% of the votes are
represented in the new cabinet.
Currently, under its February 4, 1007 Constitution,
the government of the Republic of South Africa has
shifted to, and adopted a unitary parliamentary
constitutional republic, and the President is both head of
state and head of government, and depends for his tenure
on the confidence of Parliament.
22. Federation of Rhodesia and Nyasaland 36
The Federation of Rhodesia and Nyasaland in
Central Africa was established in 1953. It was composed
of Southern Rhodesia, Northern Rhodesia, and Nyasland.
Southern Rhodesia was then a self-governing
British colony in 1923.
In 1963, the federation was dissolved. Northern
Rhodesia was renamed into Zambia; Nyasaland into
Malawi, and Southern Rhodesia into Zambabwi in April
17, 1980.

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49
23.Islamic Republic of Pakistan 37
Pakistan became independent on August 14, 1947.
It consisted originally of two separate land areas, the East
and West Pakistan. In 1971, East Pakistan seceded and
became Bangladesh.
Type of Government - Federal
Legislature -National Assembly, Senate
Political Subdivisions -4provinces, federal administered
Tribal area, and Federal capital area
24.Federation of Saint Kitts and Nevis 38
The Federation of Saint Kitts and Nevis is located
in the eastern Caribbean Sea and consists of the islands of
Saint Kitts (Saint Christopher) and Nevis. Formerly one
of the West Indies Associated States, it became fully
independent from the United Kingdom in 1983.
Originally inhabited by Carib Indians, the islands
were sighted by Christopher Columbus in 1493, and
settled by the British in the early 17th
century. In 1967,
with Anguilla, the islands were granted autonomy.
Aguilla withdrew from this union in 1971. In September
1983, Saint Kitts-Nevis became an independent state
within the Commonwealth, and later became a member of
the Organization of Eastern Caribbean States.
Of interest to note, Anguilla was a British colony
in 1650. It was governed as part of Saint Kitts-Nevis-
Anguilla from the early 18th
century. Rebellion and
secession occurred in 1967, Anguilla became a separate

50. 50
50
dependency with internal self-government, which was
formalized by the Anguilla Act of 1980.
25.Kingdom of Spain 39
Spain is a hereditary unitary constitutional
monarchy with a parliamentary form of government. It is
divided into 50 provinces, each with an appointed
governor and a local council. Demands for autonomy
from the Basques and Catalans, with their own languages
and traditions, have led to the creation of regional self-
government.
In the late 1970s the government of Spain
underwent a transformation from the authoritarian regime
of Francisco Franco (who ruled from 1939 to 1975) to a
limited monarchy with an influential parliament. A
national constitution was adopted in 1978.
The head of state of Spain is a hereditary monarch,
who also is the commander in chief of the armed forces.
Executive power is vested in the prime minister, who is
proposed by the monarch on the parliament‟s approval
and is voted into office by the Congress of Deputies.
Power is also vested in a cabinet, or council of ministers.
There is also the Council of States, a consultative body.
In 1977 Spain‟s unicameral Cortes was replaced
by a bicameral parliament made up of a 350-member
Congress of Deputies and a Senate of 208 directly elected
members and 47 special regional representatives.
Deputies are popularly elected to four-year terms by

51. 51
51
universal suffrage of people 18 years of age and older,
under a system of proportional representation. The
directly elected senators are voted to four-year terms on a
regional basis. Each mainland province elects 4 senators;
another 20 senators come from the Balearic Islands, the
Canary Islands, Ceuta, and Melilla.
Spain has many political parties. Two major
groups are the Spanish Socialist Workers Party and the
Popular Party (a conservative party that absorbed the
Christian Democrats and the Liberal Party). Other
significant parties include the United Left (a coalition of
left-wing parties) and the Catalan and Basque nationalist
parties.
The 1978 constitution allowed for two types of
autonomous regions, each with different powers.
Catalonia, the Basque provinces, and Galicia were
defined as “historic nationalities” and used a simpler
process to achieve autonomy. The process for other
regions was slower and more complicated. While the
autonomous regions have assumed substantial powers of
self-government, the issue of regional versus central
governmental power is still under negotiation.
Each of Spain‟s 17 autonomous regions elects a
unicameral legislative assembly, which selects a president
from among its own members. Seven autonomous regions
are composed of only one province, the other ten are
formed of two or more provinces. Each of the provinces,
50 in all, has an appointed governor and an elected

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52
council. Each of the more than 8,000 municipalities is
governed by a directly elected council, which elects one
of its members as mayor.
The judicial system in Spain is governed by the
General Council of Judicial Power, presided over by the
president of the Supreme Court. The country‟s highest
tribunal is the Supreme Court of Justice, divided into 7
sections; it sits in Madrid. There are 17 territorial high
courts, one in each autonomous region, 52 provincial high
courts, and several lower courts handling penal, labor, and
juvenile matters. The country‟s other important court is
the Constitutional Court, which monitors observance of
the constitution.
26.Republic of Venezuela 40
Venezuela is a federal republic. It is governed
under a constitution adopted in 1999. All citizens may
vote beginning at age 18.
The chief executive of Venezuela is a president,
who is popularly elected to a six-year term. A council of
ministers assists the president. The president has the
authority to dissolve the legislature under certain
conditions.
As a result of the 1999 constitution, Venezuela‟s
bicameral National Congress, which consisted of a Senate
and Chamber of Deputies, was replaced by a unicameral,
165-member National Assembly in 2000. Legislators are
popularly elected to a five-year term.

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53
In the 1990s the leading political parties in
Venezuela were the Democratic Action Party (Accíon
Democrática, AD), the Social Christian Party (known as
COPEI), and Radical Cause. Smaller political
organizations included the National Convergence and the
Movement Toward Socialism. During the 1998 elections,
candidates opposed to the traditional parties formed a
political coalition known as the Patriotic Pole, led by
presidential candidate Hugo Rafael Chávez Frías‟s Fifth
Republic Movement Party.
Each of Venezuela‟s 20 states, 2 federal
territories, and its federal district has a governor,
appointed by the country‟s president, and a popularly
elected legislature.
The highest tribunal in Venezuela is the Supreme
Court of Justice, made up of 15 judges elected to nine-
year terms by the National Assembly. Each of the states
has a superior court as well as several lesser tribunals.
27.United States of Brazil 41
Brazil has been a republic since 1889 Since its
founding the republic has functioned under five
constitutions; the current constitution became effective in
1988. It created a republic with 26 federated states and
one federal district. This constitution gave considerable
powers to the legislative branch, the National Congress, to
counter those of the president. It also shifted substantial
responsibility and funding from the national government

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54
to the states and municipalities, which now have
considerable autonomy over their internal affairs.
Brazil‟s government has three distinct elements. A
president exercises executive power; a congress,
consisting of the Senate and the Chamber of Deputies,
controls legislative power; and the Supreme Federal
Tribunal heads the judicial branch of government. In the
federal capital of Brasília these powers are expressed
symbolically by the placement of the President‟s
Executive Office, the Congress, and the Supreme Court
on three sides of the Square of Three Powers.
Brazil is divided into 26 states and the Federal
District of Brasília. Each state has a governor and
legislature. The basic unit of local government is the
municipio (municipality). This is similar to an American
county, with an urban seat and a rural region, although the
larger cities may be entirely urban municipalities. In 1994
more than two-thirds of the 4,974 municipalities had
fewer than 20,000 inhabitants. On the opposite extreme,
the municipality of São Paulo had over 9 million people.
The number of municipalities has increased considerably;
in 1950 there were only 1,889. The creation of new
municipalities reflects population growth and the advance
of populations into unsettled areas. Municipalities are
administered by a mayor and council, who deal with
matters of local taxation, planning, and basic services.
Brazil‟s first republic was established in 1889. A
Constituent Assembly convened to draw up a new
constitution and swiftly decreed the separation of church
and state as well as other republican reforms. In June

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55
1890 it completed the drafting of a constitution, which
was adopted in February 1891. Similar to the Constitution
of the United States, Brazil‟s constitution eliminated the
monarchy and established a federal republic, officially
called the United States of Brazil. It replaced a
parliament of senators appointed for life with an elected
congress consisting of a house and senate. It also provided
for an independent judiciary, and an executive branch
headed by an elected president. The balance of power
shifted significantly from a strong, centralized federalist
system (see Federal Government) to a federalist system
that granted substantial powers to the states.
28.Federal Republic of Nigeria 42
Nigeria has a federal form of government and is
divided into 36 states and a federal capital territory. The
country‟s official name is the Federal Republic of
Nigeria.
The state governments consist of an elected
governor, a deputy governor chosen by the governor, and
a directly elected state assembly. The governor also
nominates commissioners, who are confirmed by the
assembly. The Federal Capital Territory is headed by a
minister, who is appointed by the president.
The president is elected to a four-year term by
receiving a plurality of the total vote and at least one-
fourth of the vote in at least two-thirds of the states. The
president‟s running mate becomes vice president for the
same term. Cabinet appointments, made by the president
and approved by the Senate, are constitutionally required

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56
to reflect Nigeria‟s “federal character”, that is, the
country‟s cultural diversity.
Nigeria‟s legislature consists of a two-chamber
National Assembly with members elected to four-year
terms. The upper chamber, or Senate, contains 109 seats:
three for each of Nigeria‟s 36 states and one seat for the
Federal Capital Territory, Abuja. The lower chamber, or
House of Representatives, contains 360 seats.
Nigeria‟s highest court of appeal is the Supreme
Court. Below it sits a Federal Court of Appeal. Each state
has a High Court, with judges appointed by the federal
government. The Federal Capital Territory and states with
large Islamic populations have the right to establish
Sharia Courts of Appeal to administer Islamic civil law
29.Ethiopia 43
Ethiopia, republic in northeastern Africa, is
officially named the Federal Democratic Republic of
Ethiopia. It is bounded on the northeast by Eritrea and
Djibouti, on the east and southeast by Somalia, on the
southwest by Kenya, and on the west and northwest by
Sudan.
Ethiopia, has a diverse population with more than
70 distinct ethnic and linguistic groups, was established
by its 1995 constitution as a federation with nine regions
for the country‟s main ethnic groups.
Known as Abyssinia until the 20th
century,
Ethiopia is the oldest independent nation in Africa. After

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57
the 1500s Ethiopia divided into a number of small
kingdoms, which were reunified in the 1880s. Eritrea,
which had been part of Ethiopia since the 1950s, became
an independent nation in 1993 after a protracted civil war.
Addis Ababa is Ethiopia‟s capital and largest city.
Ethiopia is made up of nine regions, most with a
distinct ethnic majority. Each region has a regional
council that may establish lower levels of jurisdiction to
allow people to participate in self-government. In
accordance with the 1995 constitution, individual ethnic
groups within a region have the right to form their own
regions or to secede from the federation.
30.Sudan 44
Sudan (country), republic in northeastern Africa,
the largest country of the African continent. It is bounded
on the north by Egypt; on the east by the Red Sea, Eritrea,
and Ethiopia; on the south by Kenya, Uganda, and
Democratic Republic of the Congo (DRC, formerly
Zaire); and on the west by the Central African Republic,
Chad, and Libya. Sudan has a total area of 2,505,800 sq
km (967,490 sq mi). Khartoum is the capital and largest
city.
A 1989 military coup brought the Revolutionary
Command Council, under the leadership of General Omar
Hassan al-Bashir, to power in Sudan. The new
government held democratic elections in 1996, and a new
constitution was approved by public referendum in 1998.
This constitution allows multiparty politics and
guarantees freedom of thought and religion.

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58
The Revolutionary Command Council dissolved
itself in 1993 and named Bashir president of a new
civilian government. Under the 1998 constitution, the
president is directly elected to a five-year term.
Under the 1998 constitution, legislative power is
vested in the 360-member National Assembly, with 270
seats directly elected and the rest indirectly elected, all to
four-year terms.
Under a reorganization program in 1994, Sudan is
divided into 26 states. Each state is administered by an
appointed governor.
31.Federal Republic of Cameroon 45
Cameroon, republic in western Africa, bounded on the
north by Lake Chad; on the east by Chad and the Central
African Republic; on the south by the Republic of the Congo,
Gabon, and Equatorial Guinea; and on the west by the Bight
of Biafra (an arm of the Atlantic Ocean) and Nigeria. The
country is shaped like an elongated triangle, and forms a
bridge between western Africa and central Africa. The
country has a total area of 475,442 sq km (183,569 sq mi).
Yaoundé is the capital, and Douala is the largest city.
Cameroon is governed under a constitution
promulgated in 1972 and subsequently revised. In 1972,
through a national referendum, the Republic of Cameroon
changed from a federal to a unitary republic, called the
United Republic of Cameroon. Then, in 1984, the name of the
country was changed again to Republic of Cameroon.

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59
32. The FRANCE REPUBLIC (SPECIAL
FEATURE) 46
The present constitution of the France Republic,
adopted in 1958 and revised in 1962, established the Fifth
Republic, a unitary form of government with a powerful
president and a bicameral parliament with less power than it
had in the past.
The president is elected by direct popular vote, as per
amendment of its Constitution on October 28, 1962, for a
seven-year term. He appoints the prime minister and may
dissolve the National Assembly.
The parliament consists of a 304-memter Senate
elected indirectly by an electoral college, and a politically
more important 577-member, directly elected National
Assembly. The overseas departments and territories are
represented in the National Assembly. Senate members serve
nine-year terms, and the National Assembly is elected every
five years. The minimum voting age is 18 years.
The following institutional arrangements are the bases
of the France Fifth Republic:
1) The legislature: legislative, executive and
judiciary are clearly separated and balanced;
2) Over and above political contingencies there is a
national “mediation” (arbitrage);

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3) The voting of the laws and the budget belongs to
an assembly elected by directed and universal
suffrage;
4) A second assembly, the Senate, elected in a
different manner examines carefully the decisions
taken by the first assembly to suggest amendments
and propose bills;
5) The executive power does not emanate from the
Parliament, otherwise the cohesion and authority
of the government would suffer, the balance
between the two powers vitiated, and the members
of the executive would be merely agents of the
political parties.
6) The President of the Republic, embodying the
executive power above political parties, has to
direct the work and the policy of the government;
promulgate the laws and issue decrees; preside
over the meeting of the Council of Ministers;
serve as mediator above the political
contingencies; invite the country to express the
sovereign decisions in an election; be the
custodian of national independence and the
treaties made by France, and appoint a Prime
Minister in accord with the political orientation of
Parliament and the national interests.
The Constitution of the Fifth Republic delegates broad
powers to the Chief of State, the President, and places serious
limitations on the legislature. There is a new principle – that
of the incompatibility between a parliamentary seat and a

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Ministerial portfolio – requiring a member of Parliament who
agrees to become a Minister to resign his seat.
The Constitution gives the President personal powers
that he can exercise solely by his discretion:
1) The President designates the Prime Minister.
2) The President can dissolve the Assembly at any
time, on any issue, and for any reason solely at his
discretion.
3) When the institutions of the Republic, the
independence of the nation, the integrity of its
territory, or the execution of international
engagements are menaced in a grave and
immediate manner, and the regular functioning of
the public powers is interrupted, the President may
take whatever measures are required by the
circumstances. (Article 16).
4) Finally, the President can bring certain issues
before the people in a referendum.
The Office of the President is no longer a mere
symbol; it has become the prime seat of political power in
France.
The type of government that France presently adopts
is unitary, and not federal. It is not, therefore, made as among
the models in our study on federalism. Its inclusion in our
presentation is basically made to show that, indeed, there is
ambiguity on what really is the real proposal for the

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Philippines: shift to federal or adopt a strong but responsive
unitary form of government, like that of France?
Data herein provided are heavily drawn from Groiler
Encyclopedia of Knowledge, Bk No. 8, and the book Modern
Political Systems of Europe. C1963.
COMPARISON: Philippines & Some Federal States of USA
Particular/State Philippines California Hawaii
Land Area 300,000 km2 411,471 km2 16,729 km2
Population 64,600,000 31,211,000 1,172,000
Government Republic Republican State Republican State
Executive President Governor Governor
Legislature Bicameral
Congress
Senate – 24
House - 234
Bicameral
Legislature
Senate – 40
Assembly – 80
US Congress:
2 Senators
25 Representatives
55 electoral votes
Bicameral
Legislature
Senate – 25
Representatives –
51
US Congress:
2 Senators
2
Representatives
4 electoral votes
Judiciary
Political
Subdivisions
Supreme Court
15 members
Chief Justice,
& associate
justices
72 Provinces
61 Cities
Municipalities
Barangays
One ARMM
Federal Courts
State Courts:
Supreme Court – 7
members
Chief Justice &
associate justices
58 Counties
District/Special
District
44 Cities (100th
+)
Town/Township
Village/Borough
Federal Courts
State Courts
Supreme Court
5 members
Chief Justice &
associate justices
5 Counties ( the
only units of
government
below the State
level)

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State Courts:
1. Justice of the Peace
2. Magistrate or Police Courts
3. Municipal Court
4. Appellate Courts
5. Supreme Court
Federal Court:
1. The Supreme Court
2. Lower Courts
a) Federal District Courts
b) Special Courts
c.) Circuit Courts of Appeal
Under the Pimentel proposal, the territorial and political
subdivisions of the Federal Republic of the Philippines are: the
states, Federal Administrative Region, autonomous regions,
provinces, cities, municipalities, and the barangays, at least
two additional layers in our present structure of government as
provided for by Article X, Section 1 of the Constitution of the
Philippines.
Moreover, “The power of the President to exercise
general supervision over local government units applies only to
the States. The States with respect to their Autonomous Regions,
provinces, highly urbanized and independent cities; provinces
with respect to their component cities and municipalities; and
cities and the municipalities with respect to their barangays..” ,
with additional layer of supervision, that of the State, as provided
by RA 7160.

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THE LOCAL GOVERNMENTS IN THE
USA
The County Government
The county is the political unit immediately below the
state in the hierarchy of American Government. It serves as
administrative unit for many public purposes and performs
certain governmental functions entrusted to it.
Ordinarily, counties are created by state legislature.
Generally, counties operate under the guidance of boards,
commissioners, or supervisors who are elected by the voters.
These are usually comparatively small bodies of from three to
seven members, but Wayne County, Michigan has more than one
hundred. They may be elected at large from the county or from
districts into which a county has been divided.
Unlike state legislatures or city councils, county boards
do not ordinarily have elaborate organizations. There are no
mayors, speakers, or lieutenant governors to preside over sessions
of county boards, though in a few instances a president is elected
by the voters for that purpose.
County boards perform the functions which are entrusted
to them by state law, which, of course, means that there is
considerable variation from state to state.
In general, the county board has a little legislative
authority, some executive power, and a considerable amount of
administrative responsibility. It is the mainspring of the county

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government, providing for the financing and co-ordination of the
other parts of the county government.
The counties are expected to maintain law and order, keep
records, perform certain fiscal duties, inspect rural public
schools, grant permits and licenses of one kind or another,
investigate cases of unexplained death, operate institutions such
as jails and poor farms, direct the improvement and maintenance
of certain roads, and supervise the granting of relief to the
indigent as well as other welfare activities.
The City Government
As in the case of counties, cities are the legal creation of
states. Hence their very existence in the first place as well as their
governmental structures and powers depend upon the will of the
state in which they are located.
There are three basic forms of city governments to be
encountered everywhere throughout the United States: (1) the
mayor-council, (2) the council-manager, and (3 ) the
commission.
The oldest and most prevalent form of city government in
the United States provides for a mayor and a council.
The mayor is elected by the voters for a term which runs
for either two or four years. Re-election is permitted in most
instances and is actually accorded in many cities if mayors are
reasonably popular.
Whether he presides over the sessions of the council or
not, the mayor ordinarily keeps closely in touch with what is

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going on in that body. In many instances, the mayor prepares the
budget for submission to the council, passes transfer of funds by
department from one purpose to another, and appoints and
removes the heads of the administrative departments.
The city councils, on the other had, pass the ordinances or
bylaws which regulate public health, safety and morals within a
city, in some instances, grant franchises to street railway, bus,
electric, and other utility companies which desire to use the
streets and alleys and other public property. Insofar as the charter
permits, the council may provide for the organization of the
administrative departments, fix salaries of employees, authorize
the merit plan and handle other matters relating to the
administrative side of city government.
Nature of a Town:
There are three general types of towns: entirely rural,
rural with village or villages, and urban.
The rural town is made up of open countryside and
includes no settlements of people. The second type of town is
primarily rural in character, but includes one or more settlements
of people, usually a few hundred in population. Finally, there is
the urban town which is more or less entirely covered by
residences, factories, and stores.
In general, towns have the power to levy taxes,
appropriate public funds, incur indebtedness, and own property.
They may also be subject to legal suit, and may themselves sue in
courts of law. They may regulated public health, safety, and
morals within their boarders by passing bylaws or ordinances.

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They may likewise administer poor relief, conduct public schools
and construct and maintain a network of roads.
The principal agency of government in the town is the
town meeting which is held at least annually and may be called
into special session as the occasion demands.
In the towns which are not too populous all of the voters
are entitled to attend and participate in the town meeting. If a
town has more than four or five thousand inhabitants, a limited
town meeting may be set up which is elected to represent the
voters.
Within the limits specified by state law, the town meeting
is free to handle local affairs. It determines how the town funds
shall be spent and what taxes shall be levied; it authorizes the
borrowing of money. It decides whether a new school will be
built and what roads will be hard-surfaced during the ensuing
year.
Towns which have governmental functions to perform are
provided with an array of officers, including trustees, clerks,
treasurers, assessors, justices of the peace, constables, and
advisory boards.
Villages
Villages or boroughs are semi-urban units of government
which may provide and take care sanitary facilities, water system,
street improvements, and other services which are not ordinarily
furnished by counties, cities, town or townships.

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In general, a village may be expected to have a population
of a few hundred people, but there is considerable diversity.
Villages with less than one hundred inhabitants may be
encountered in some states, while at the other extreme stand
places such as Oak Park, Illinois, which has more than sixty
thousand people
Governmental affairs are generally entrusted to a village
board and elected officials. These boards, sometimes known as
council, trustees or burgesses, resemble a city council, though
their authority may be somewhat more limited by state laws than
is the case with city councils. But they levy taxes, decide how
public funds shall be spent, pass bylaws for the regulation of
local conditions, and have general oversight of the affairs of the
village.
A separate mayor may be provided or the presiding
officer of the council may be the formal head of the village.
Other Units of Government
Instead of recognizing the town or township, a number of
southern and western states subdivide the county into magisterial
districts, precincts, election districts, and so forth. These areas
usually have no organized government but are merely divisions
of a county for election purposes, school administration, the
organization of justice courts, or road maintenance. The functions
performed by towns and townships are taken care of by the
counties in these states.

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GENERAL STRUCTURE OF GOVERNMENT
1) State
2) County ( which may be divided into districts for election
purposes)
3) City
4) Town or Township
5) Villages or Boroughs
6) Other Units: magisterial districts, precincts, election
districts, and so forth
TYPES OF FEDERALSIM
The classic concept of federalism in American, British,
and British Commonwealth doctrine and practice has its essence
in the simultaneous existence of two governments – federal and
state – over the same territories and persons, with each of these
two governments impinging directly upon the same individual,
with each claiming sovereign power within its sphere of
jurisdiction, subject only to judicial review by the highest courts.
The type of federalism developed in Switzerland and later
adopted in Germany and Austria is quite different. Here, too, the
citizen is subject to two governments, Federal and Land, but
these are far more intermingled. In Germany, the Federal
authorities in most matters have a clearly superior position. As a
matter of general principle, the Lands retain the residual powers
to legislate about all matters in which the Basic Law itself has not
explicitly given exclusive or competing legislative powers to the
Federal authorities. The explicit Federal powers are very great,
and on many important subjects, the Land administrations serve
as the executors of Federal Law, guided by Federal

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administrative directions, and under Federal supervision.
Substantial spheres of “exclusive” legislation are reserved to the
Federal government, and the Lands may legislate only if
empowered by specific Federal law.
In other areas of “concurrent” legislation, the Lands may
legislate only to the extent that the Federal government (called
the Federation) does not make use of its own legislative powers.
In these matters, Federal law overrides Land law.
The Federation is thus clearly predominant in the area of
legislation, while the Lands retain the greater part of the
administrative tasks and personnel. As long as government and
politics remain within the confines of legality and legitimacy, the
Federal authorities have a preponderance of power; in situation of
crisis, however, any illegal or illegitimate attempts to establish a
dictatorship or to stampede public opinion will encounter a major
obstacle in the Federal dependence on the administrative
cooperation of the Land bureaucracies and governments. This
arrangement increases the powers and capabilities of the Federal
government for legitimate decision making, while providing for
strong obstacles in the way of any coup d‟etat.
LEARNINGS AND INSIGHTS GAINED
The study we go through over the various models of
federal republics worldwide gives us clear and very valuable
learning and insights on the rationale, why and how formerly
independent states unite themselves and form into federations.
Firstly and foremost, there has always been two or more
formerly independent states or cantons, provinces, emirates, etc.
who agreed among themselves to unite and to form a

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federation. USA was constituted by the first 13 original states,
save Rhode Island; USSR by four republics; UAE by seven
emirates; UAR by three republics, etc..
There has been no single independent state ever
recorded in history to have federated by itself: dividing first
itself into any appropriate number of states or regions and
reconstituted back into a federal republic. Conversely, the
government in Scotland and Wales was greatly reorganized in
1996: from a two-tier structure, it was replaced with unitary
authorities under the belief that most places would be better
served by one layer of government than two. ( Encarta Ref.
Library 2004)
Moreover, in 1972, through a national referendum, the
Republic of Cameroon was changed from a federal to a unitary
state, called the United Republic of Cameroon. Similarly, South
Africa, under its February 4, 1997 Constitution, has shifted from
federal, and adopted a unitary parliamentary form of government.
Secondly, there has always been a perceived common
external threat or problem and purpose which serve as driving
force for the affected states into agreeing among themselves to
unite and form into a federation. The 13 original states of USA
formed themselves into a confederation in 1776 for basically
defense alliance purpose against Great Britain. Issues related to
the effectiveness of the confederation and governance, and in
relation to service delivery were only responded later, when the
commonly perceived external threat was overcome.
Thirdly, joining federation or a federal republic is largely
voluntary on the part of states. Even those states who
participated in the crafting of the proposed constitutions of

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federal republic are given the liberty to decide whether or not to
finally join the federation, like Rhode Island who only joined the
federation three years later in 1790. Moreover, even if the states
are within the geographical area and proximity of federations,
they are still accorded the liberty to join or not to join the
federation. This is the case of Mayotte with regards to the Federal
Islamic Republic of Comoros; Brunei to the Federation of
Malaysia; and Puerto Rico to the USA.
Similarly, this also happened to Anguilla, a small British
dependency located at the northern end of the Leeward Islands in
the Caribbean Sea. Since the 18th
century, Anguilla was
governed as part of Saint Kitts-Nevis-Anguilla. In 1971, Anguilla
withdrew from the union. In 1983, Saint Kitts and Nevis became
a federated independent state, and member of the Organization of
Eastern Caribbean States.
This also happened to the British Cameroons when in
1961 it split into two. The mostly Muslim northern Cameroons
voted to become part of Nigeria, while the southern Cameroons
joined the Federal Republic of Cameroon.
Fourthly, we also learn of secession by member-states of
federations. When a certain state sees a serious conflict in its
membership, it usually secedes. This happened to Singapore in
1965 from the Federation of Malaysia; to Syria and Yemen in
1961 from the United Arab Republics; and East Pakistan in 1971
from the Islamic Republic of Pakistan and became Bangladesh.
There were also other cases. In December 1860, South
Carolina, dissatisfied over the national tariff policies, seceded the
Union. Moreover, before Lincoln‟s inauguration in March 1861,
six (6) more states followed. They were Mississippi, Florida,