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Federalism &
Multiculturalism: Ethiopian
Focus
CEEd.3032
1
Chapter One
Understanding Multiculturalism & Diversity
ā€¢ Culture is understood to represent socially
transmitted:
ļƒ¼ beliefs,
ļƒ¼ values, and practices and
ļƒ¼ shared ideas and habits.
2
Cont.
ā€¢ Culture refers to what we learn from others in
the form of familiar associations or
interpretations, beliefs, attitudes, and values.
ā€¢ Culture is dynamic, it is not something fixed
rather its fluid.
ā€¢ Culture varies from place to place and across
time.
ā€¢ It passes from generation to generation
through the process of socialization.
3
Cont.
ā€¢ In its broadest sociological and anthropological
use, it refers to the political, economic, legal, and
other structural variations between social groups.
ā€¢ What all of these meanings have in common,
however, is a reference to phenomena that are
socially learned or constructed.
ā€¢ Culture is, therefore, the complex system and
behaviour that defines the way of life for a given
group or society.
4
Characteristics of Culture
ā€¢ Characteristics of culture include:
i. Culture is shared: Culture is not personal;
rather, it is collectively experienced and
collectively agreed upon.
ii. Culture is learned: cultural beliefs and
practices are usually so well learned that they
seem perfectly natural, but they are learned
nonetheless.
5
Cont.
iii. Culture is taken for granted: culture is learned,
members of a given society seldom question
the culture of which they are part.
iv. Culture is symbolic: the significance of culture
lies in the meaning it holds for people.
v. Culture varies across time and place: culture
develops as humans adapt to the physical and
social environment around them.
6
Elements of Culture
ā€¢ Language: the formation of culture among
humans is made possible by language.
ā€¢ Norms: are the specific cultural expectations for
how to behave in a given situation.
ā€¢ Beliefs: are shared ideas held collectively by
people within a given culture.
ā€¢ Values: are the abstract standards in a society or
group that define ideal principles.
7
Types of Culture
ā€¢ Generally speaking culture classified in to two broad
categories as:
i. Material, and
ii. Nonmaterial culture.
ā€¢ Material culture consists of the objects created in a
given society its buildings, art, tools, and other
tangible objects.
ā€¢ Non-material culture is the norms, laws, customs,
ideas, and beliefs of a group of people.
8
Culture and Society
Socialization
ā€¢ Socialization is the process through which people
learn the expectations of society.
ā€¢ Through socialization, people absorb their culture-
customs, habits, laws practices and means of
expression.
ā€¢ Socialization is the basis for identifies how one
defines oneself.
ā€¢ Identity is both personal and social.
9
Agents of Socialization
ā€¢ Everyone is a socializing agent.
ā€¢ When people are simply doing what they consider
"Normal" they are communicating social
expectations to others.
ā€¢ When everyone in the same environment dresses
similarly, some expectation about appropriate dress
is clearly being conveyed.
10
Cont.
ā€¢ Socialization does not occur simply between
individual; it occurs in the context of social
institutions.
ā€¢ Many social institutions shape the process of
socialization, including, as we will see, the
family, the media, peers, religion, and
schools.
11
Explaining Diversity
ā€¢ There is no single, agreed upon definition of
diversity.
ā€¢ To some it means tolerance, acceptance, or perhaps
an attitude.
ā€¢ To others, diversity may mean inclusion, numbers,
or racial and gender differences.
ā€¢ Still others see diversity as a code word for
affirmative action or laws designed to ensure
representation of minority groups.
12
Cont.
ā€¢ Diversity is defined in the dictionary as a state of
unlikeness or the condition of being different.
ā€¢ Diversity refers to all of the ways in which people
are different.
ā€¢ This includes individual, group, and cultural
differences.
ā€¢ Gardenswartz & Rowe (1994) described diversity as
being like an onion, possessing layers that once
peeled away reveals the core.
13
Cont.
ļƒ˜According to Gardenswartz & Rowe (1994) there
are four layers of diversity:
a)Organizational dimensions: represents the outer
most layer and consists of characters such as work
location, seniority, field of work, etc. The people
can influence this layer in a limited capacity.
b)External dimensions: the characteristics in this
layer are personal habits, appearance, marital
status, and income. The individual exercises a
higher level of control over these characteristic.
14
Cont.
c) Internal dimensions: these characteristics are
assigned at birth, such as age, race, ethnicity,
gender, and physical ability. An individual has no
control over it.
d) Personality: the personality of an individual is
influenced by the other three levels of the model.
The other layers help shape the individualā€™s
perception, disposition, and actions, as the
individual interacts with the world around them.
15
Managing Diversity
ā€¢ Diversity management refers to the policies and
actions that are designed to create greater inclusion
of groups of various backgrounds.
ā€¢ Managing diversity is therefore a key to political
stability in a country.
ā€¢ In the past, states have used a variety of different
tools, to meet the challenges of multicultural
societies.
16
Cont.
ā€¢ Historically there are two governance
options for managing diversity:
a) Assimilationist liberal governance, and
b)Accommodationist governance.
17
Ways of Eliminating Diversity
a. Genocide: openly rejects the legitimacy of
diversity and difference as a basis for living
together.
b. Assimilation: encouraging or forcing them to
adopt the language and culture of the majority.
c. Segregation: societies are segmented into
relatively autonomous dominant and subdominant
groups who live apart.
18
Models of Accommodating Diversity
a. Integration: a commitment to integration
emerged as a preferred governance model for
managing difference after World War II.
b. Pluralism: is an inclusive governance model that
envisages the full incorporation of individuals and
groups without losing their distinctiveness in the
process.
ā€¢ Pluralism as governance can be expressed in
diverse ways, including multiculturalism,
biculturalism, and multinationalism.
19
Unit Two: Understanding Federalism
o To better understand the concept lets look at the
three most common forms of governmental
structures found in the world:
1) Unitary
2) Confederation
3) Federal
20
Unitary Government
oUS is state in which all the powers are vested
with one CG.
oThe LGs exist and operate only in a way as is
desired by the CG.
oThe LGs work as administrative units of the
CG.
oTheir powers and role depend upon the
wishes of the CG.
oBritain, France, Japan, Italy, China and
several other countries are unitary states.
21
Confederation
oIt is made up of two or more independent
states.
oMore power is retained by the regional units
than the CG.
oThe powers that are delegated to the CG are
usually fewer and less serious.
oThe component states are allowed to remain
as separate international entities.
oThe CG receives its power or authority from
the group of individual members. 22
1.1 Defining Key Terminologies
oThere was a consistent effort to formulate a
suitable definition of federalism, and the
classical writers on federalism particularly:
ļƒ¼ Harrison Moore,
ļƒ¼ A. V. Dicey,
ļƒ¼ Lord J. Bryce,
ļƒ¼ Robert Garran, and
ļƒ¼ K.C. Wheare
oWere primarily seeking to give the concept a
proper dimension and meaning.
23
Cont.
ā€¢ In the view of Moore:
ā€œA federal government exists where, in a
political community, the power of the
government are distributed between two
classes of organization- a CG and a number of
LGs which are so independent of each other
that one cannot destroy the other or limit the
power of the other, or encroach upon the
sphere of the other as determined by the
sovereign in the constitutionā€.
24
Cont.
ā€¢ As Dicey explained the concept,
"A federal state is a political apparatus
intended to reconcile national unity and
power with the maintenance of the state
rights".
ā€¢ By the end of the 19th century, Lord Bryce,
described the federal and the state
government as distinct and separate in their
action.
25
Cont.
ā€¢ According to Robert Garran, an eminent
Australian political scientist defines
federalism as:
ā€œA form of government in which
sovereignty or political power is divided
between the central and local governments,
so that each of them within its own sphere is
independent of the othersā€.
26
Cont.
ā€¢ K. C. Wheare, defined a federal government
in the following words:
ā€œan association of a states so organized that
powers are divided between a general
government and state governments which in
certain matters are, in their turn, independent
of the general government. This involves, as
a necessary consequence, that general and
regional governments both operate directly
upon the peopleā€.
27
Cont.
oFederalism, therefore:
ā€¢ is the principle of sharing sovereignty between
central and state governments.
ā€¢ two levels of government rule the same land
and people.
ā€¢ authority is divided between CG and RGs so
that each remained independent.
ā€¢ is a moral contract or binding agreement based
on mutual trust among those involved.
ā€¢ is essentially a system of voluntary self-rule and
shared rule. 28
Federation
ā€¢ Preston King explained the conceptual
ambiguity of the two different but
interrelated terms.
ā€¢ He made a significant and very useful
conceptual distinction:
ļƒ¼ Federalism as ideological, and
ļƒ¼ Federation as institutional construct.
29
Cont.
ā€¢ Federalism is the descriptive theory that
include principles for dividing final
authority between member units.
ā€¢ A federation is one species of such a federal
order. Other species are:
ļƒ¼ Unions, Confederations, Leagues,
Decentralized unionsā€”and Hybrids
such as the present European Union.
30
Cont.
ā€¢ A federation in this sense involves
a territorial division of power between constituent
units sometimes called:
ļƒ¼ ā€˜provincesā€™,
ļƒ¼ ā€˜cantonsā€™,
ļƒ¼ ā€˜citiesā€™, or
ļƒ¼ confusingly ā€˜statesā€™ā€”and
ļƒ¼ a common government.
ā€¢ There may be federalism without federation, but no
federation without some matching variety of
federalism. 31
Cont.
ā€¢ Federated state
ā€¢ Federal government
ā€¢ Federal systems
32
1.3 Federations and Federalism since the
Late 18th
ā€¢ Many authors consider that the history of federalism
starts with the American experience.
ā€¢ It was used as a prototype for federalist studies, as
well as a reference for further federal states.
ā€¢ The intellectual dimension of the American
federalism had been shaped by earlier thinking.
ā€¢ The aim of this section is to present these specific
thoughts, as well as the early evolution of the
federalist semantics.
33
Montesquieu
ā€¢ Montesquieu was the first to introduce the idea of
federalism in modern political thinking.
ā€¢ In ā€œThe Spirit of Lawsā€ (1748) he, first attempt to
conceptualize federalism.
ā€¢ He considered three political regimes:
ļƒ¼republic,
ļƒ¼Monarchy, and
ļƒ¼despotism.
34
Cont.
ā€¢ In the case of republics they have to be small, in
order to maintain themselves.
ā€¢ Large states could be maintained only through a
monarchic regime, and the largest through
despotism.
ā€¢ In this perspective, he develops the idea of
ā€˜federative republicsā€™, as unions of republics through
a contract that would allow them to be large and
strong enough to resist to monarchies.
ā€¢ Thus, Montesquieu is the first to use federalism-
related terms, such as ā€˜federative republicā€™.
35
Cont.
ā€¢ Although Montesquieu can be considered as the first
to promote the idea of federalism in modern politics,
it cannot be seen as the origin of all federalist
thoughts in modern history.
ā€¢ Without direct link to Montesquieu, different
approaches have been developed by:
ļƒ¼ Johannes Althusius,
ļƒ¼ Immanuel Kant and
ļƒ¼ Pierre-Joseph Proudhon.
36
Althusius
ā€¢ Johannes Althusius (1557-1638) brought a specific model
of organization of society in his book Politica Methodice
Digesta, in 1603.
ā€¢ He proposed a bottom-up organization of society, that he
called ā€˜consociationā€™.
ā€¢ The consociations, as organic bodies, should be working on
a self-governing base, and the whole system should allow
people to live together, resolving conflicts through
consensus.
ā€¢ Althusius did not use the federalist terminology and could
hardly be related to it.
ā€¢ However, as many scholars argued, the Althusian concepts
could be useful to study federalism nowadays.
37
Kant
ā€¢ Philosopher Immanuel Kant developed his own
approach of a ā€˜federation of free statesā€™.
ā€¢ In his ā€œPerpetual Peace: A Philosophical Sketchā€,
Kant aims at establishing a state of peace.
ā€¢ Considering that wars are made mostly by
authoritarian sovereigns, at the expense of the
people.
ā€¢ His approach is grounded on the respect of laws.
ā€¢ As the state of nature leads to wars, legislation, or
civil constitution, must be imposed and respected in
order to achieve that aim.
38
Cont.
ā€¢ Kant is dealing mostly with peace, international law and
rights of the citizens, but not with the structure of the state.
ā€¢ But, some elements are common to the federalist approach.
ā€¢ First is the idea of a contract between entities (republics)
respecting each other.
ā€¢ Second, by preferring the foedus to the pactus, Kant seems to
refer to more organic form of organization than a simple
treaty that could be denounced.
ā€¢ Eventually, Kant acknowledges implicitly, that the
implementation of peace through a large state goes against the
diversity of the people, and that a federation is the only way
to regulate peace.
39
Proudhon
ā€¢ Proudhon has been writing his federalist theory by the
middle of the 19th century, long after the first development
of the modern political ideas.
ā€¢ However, it appears that it cannot fall within the federalist
genealogy of Montesquieu.
ā€¢ However, Proudhon does not take into account
Montesquieuā€™s thoughts, nor his reference the Greek city-
states, neither he talks about Kant or other scholars.
ā€¢ It may seem surprising that Proudhon does not make any
mention of these authors when developing his own
approach of federalism.
40
The Development of the Federalist Idea in the
Modern Era
ā€¢ The most important achievement of federalism in the modern
era has certainly been the innovative constitutional model
developed by the American constitution of 1787.
ā€¢ The first American experience of the ā€˜Articles of
Confederationā€™, written in 1777, paved the way to the writing
of the Constitution.
ā€¢ It is only after the Constitution that the elements of the debate
were formalized into articles gathered into on book.
ā€¢ The Federalist, or the Federalist Papers, in 1788, written under
the common pen name ā€˜Publiusā€™, by Alexander Hamilton,
James Madison and John Jay.
41
Cont.
ā€¢ An important shift in the American
federalist approach takes place by the
middle of the twentieth century.
ā€¢ That approach aimed at defining a
conceptual approach of federalism, in order
to use it as a basis for systematic
comparative federalism.
ā€¢ The founder of the approach is Kenneth
Wheare, in 1946, who developed a legal
institutional concept of federalism.
42
Cont.
ā€¢ He is followed by other scholars:
ļƒ¼ Kenneth Wheare for ā€œFederalism as a matter of
degreeā€,
ļƒ¼ William Livingston for ā€œFederalism as a
quality of societyā€,
ļƒ¼ Carl Friedrich for ā€œFederalism as a processā€,
and
ļƒ¼ Daniel Elazar for ā€œFederalism as sharingā€.
ļƒ¼ Richard Musgrave and Wallace Oates for
ā€œfiscal federalismā€.
43
Cont.
ā€¢ The development of the federalist idea before the
American Revolution, or in parallel to it, in the 18th
and 19th century has been significant.
ā€¢ Although these early federalist thoughts are very
different in their nature, they share a common
feature: a bottom-up organization of political entities
based on a cooperative contract.
ā€¢ Moreover, all these federalist thoughts share
elements of a common normative approach, as they
are all seeking freedom and justice for the citizens.
44
1.4 Some Common Features among
Federations
ļ± Division of Powers
ļ± Written and Supreme Federal Constitution
ļ± Rigid Constitution
ļ± Bicameralism
45
Chapter Two
Origin and Formation of Federations
2.1 Taxonomy, Rationale and Models of Federalism
oTaxonomy of federation, building it around answers
to a simple question: A federal structure is a means
to serve what ends?
1) From the general class of federal structures that
serve the end of mega-decentralization.
2) The federal structures that safeguard national or
ethnic identity constitute another category.
46
Cont.
There are different models of federalism:
1) Cooperative
2) Dual
3) Permissive Federalism
4) Holding together/Devolution
5) Coming together/Aggregation
6) Putting together
47
Cooperative Federalism
ā€¢ Cooperative federalism is a model of IGR that recognizes
the overlapping functions of the national and state
governments.
ā€¢ Cooperative federalism asserts that governmental power is
not concentrated at any governmental level.
ā€¢ Instead, the national and state governments share power.
ā€¢ Cooperative federalism also known as marble-
cake federalism.
ā€¢ In this type of federalism federal, state, and local
governments interact cooperatively and collectively to
solve common problems, rather than making policies
separately but more or less equally.
48
Dual Federalism
ā€¢ As a theory, dual federalism holds that the federal
and state governments both have power over
individuals.
ā€¢ But that power is limited to separate and distinct
spheres of authority.
ā€¢ Each government is neither subordinate to nor liable
to be deprived of its authority by the other.
ā€¢ Dual federalism is often compared to a layer cake
where each layer represents a different level of
government.
49
Permissive Federalism
ā€¢ It implies that although federalism provides ā€œa
sharing of power and authority between the
national and state governments, the stateā€™s share
rests upon the permission and permissiveness of
the national government.ā€
ā€¢ Is a concept where the states are permitted to
exercise those powers which the national
government permits them to exercise.
ā€¢ The permissive federalism is a type of unitary
system. 50
Cont.
ā€¢ Holding together/Devolution
ļƒ¼ A ā€˜holding togetherā€™ federalism in which a formerly
unitary state seeks a federal solution to the problems
of scale and diversity.
ā€¢ Coming together/Aggregation
ļƒ¼ a ā€˜coming togetherā€™ federalism in which formerly
independent countries unite into
a federal state.
ā€¢ Putting together Federalism
51
Cont.
ā€¢ Federal systems do not always use the term ā€˜federalā€™ to
describe themselves.
ā€¢ The federal level may also be known as a ā€˜nationalā€™,
ā€˜centralā€™ or ā€˜unionā€™ government.
ā€¢ Constituent units may be known by a variety of names,
including:
ļƒ¼ā€˜statesā€™ (Australia, Malaysia, USA),
ļƒ¼ā€˜provincesā€™ (Argentina, Canada, South Africa),
ļƒ¼ā€˜regionsā€™ (Belgium, Italy, Ethiopia),
ļƒ¼ā€˜cantonsā€™ (Switzerland),
ļƒ¼ā€˜autonomous communitiesā€™ (Spain) or
ļƒ¼ ā€˜LƤnderā€™ (Austria, Germany).
52
2.2 Ethnic Vs Territorial based Federal
structure
ā€¢ Territorial federalism is characterized by the
distribution of power over territorial entities. The
overarching State, the federation, is divided
into territorial sub-units, and State Power is
dispersed over these federated sub -units.
ā€¢ Ethnic federalism is a federal system of national
government in which the federated units are
defined according to ethnicity
53
2.3 Symmetric Vs Asymmetric
ā€¢ Symmetric federalism refers to a federal
system of government in which each constituent
state to the federation possess equal powers.
ā€¢ Asymmetrical federalism is found in a federation
or confederation in which different constituent
states possess different powers: one or more of the
sub-states has considerably more autonomy than
the other sub-states.
54
2.4 Cooperative, Dual and Permissive
Federalism
ā€¢ Cooperative,
ā€¢ Dual and
ā€¢ Permissive Federalism
55
Forms and Scope of Power Distribution in
Federation
ā€¢ There are three basic types of powers distribution
in federation:
ļƒ¼ Exclusive Powers
ļƒ¼ Concurrent Powers
ļƒ¼ Reserved Powers
56
Exclusive Powers
ā€¢ In exclusive powers the federal constitution has
created a monopoly, which either is in the hands of
the federation or of the states.
ā€¢ Either the FG or states cannot claim powers not
allocated to it by the constitution.
ā€¢ This is what is known as the doctrine of
enumerated powers.
ā€¢ The general principle on which allocation of
responsibilities has usually been based, is that
ā€œmatters of national importanceā€ should be
reserved to the FG.
57
Cont.
ā€¢ Broadly speaking, the exclusive federal powers
include:
ļƒ¼defense,
ļƒ¼foreign affairs,
ļƒ¼immigration,
ļƒ¼currency and foreign exchange,
ļƒ¼foreign trade,
ļƒ¼maritime shipping, etc.
58
Concurrent Powers/ Shared
ā€¢ Experience has shown that there are certain matters
which cannot be allocated exclusively either to the
federal government or the states.
ā€¢ Thus, federations provide another set of powers
commonly described as shared powers.
ļƒ¼ education,
ļƒ¼ health protection and welfare of citizens,
ļƒ¼ insurance, and assistance for old age,
ļƒ¼ unemployment, accident, and workersā€™
compensation.
59
Residual Powers
ā€¢ This powers represent those powers not listed by
the constitution and assigned to either unit of
government.
ā€¢ The United States, Switzerland, Germany, and
Ethiopia have preferred to leave residual powers
with the states while in India such powers belong
to the centre.
ā€¢ The greater the list of enumerated powers, the less
significant the residual powers will be.
ā€¢ Residual power is then just meant to represent the
unforeseen matters. 60
2.5 Variations in Federations
ā€¢ Second Houses and Representation
ļƒ¼In almost all federal states, federal
parliaments have a bicameral structure.
ļƒ¼United States, Australia, Canada-Senate
ļƒ¼Switzerland-Council of States
ļƒ¼Germen-Bundesrat
ļƒ¼India- Rajya Sabha
61
Cont.
ā€¢ Federations manifest enormous variations in the composition,
method of selection and relative powers of their second
chambers.
ā€¢ The choice is between the principle of equal representation at
one extreme to the majoritarian principle of representation at
the other extreme.
ā€¢ Both of these at either end of the continuum violate important
principles of fairness.
ā€¢ There are some serious arguments in favor of weaker second
chambers, particularly in parliamentary federations.
ā€¢ In parliamentary federations the house that controls the
executive government inevitably has more power.
62
Cont.
ā€¢ In general, we can make a three-fold classification:
i. Those that are symmetrical second houses as in
USA and Switzerland where the two houses are
co-equal in power and are directly elected.
ii. Those that has absolute veto power on federal
legislation affecting the division of power.
Examples include Germanā€™s Bundesrat and South
Africaā€™s Council of Provinces.
iii. Those equal in principle but in practice with less
power. Deadlock resolved by joint sitting.
63
Reason for Federalism
ā€¢ There are several suggested reasons for a federal
order:
ļƒ¼ Federations may foster peace.
ļƒ¼ Federations can promote economic prosperity.
ļƒ¼ Federal arrangements may protect individuals
against political authorities by constraining state
sovereignty, placing some powers with the center.
ļƒ¼ The federal arrangements protect minoritiesā€™
human rights against member unit authorities.
64
2.6 The Critique of federalism
a) Duplication of work and lack of coherence.
b) Additional operating costs.
c) Increasing regional discrepancies of wealth, resources
and outcomes.
d) Harmful economic competition between sub-national
units.
e) Potential exclusion of minorities.
f) The strengthening of local elites who misuse power.
g) Ineffective governance because of a lack of capacity.
h) Instability and threats to democracy
65
Necessary Condition for the Success of
Federation
i. Desire for Union
ii. Preservation of Individuality
iii.Political Maturity and Education
iv.Approximate Equality of Units
v. Similarity of Political Institutions and Alert
Political Parties
vi.National feelings
66

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Federalism, Multiculturalism and Diversity in Ethiopia

  • 2. Chapter One Understanding Multiculturalism & Diversity ā€¢ Culture is understood to represent socially transmitted: ļƒ¼ beliefs, ļƒ¼ values, and practices and ļƒ¼ shared ideas and habits. 2
  • 3. Cont. ā€¢ Culture refers to what we learn from others in the form of familiar associations or interpretations, beliefs, attitudes, and values. ā€¢ Culture is dynamic, it is not something fixed rather its fluid. ā€¢ Culture varies from place to place and across time. ā€¢ It passes from generation to generation through the process of socialization. 3
  • 4. Cont. ā€¢ In its broadest sociological and anthropological use, it refers to the political, economic, legal, and other structural variations between social groups. ā€¢ What all of these meanings have in common, however, is a reference to phenomena that are socially learned or constructed. ā€¢ Culture is, therefore, the complex system and behaviour that defines the way of life for a given group or society. 4
  • 5. Characteristics of Culture ā€¢ Characteristics of culture include: i. Culture is shared: Culture is not personal; rather, it is collectively experienced and collectively agreed upon. ii. Culture is learned: cultural beliefs and practices are usually so well learned that they seem perfectly natural, but they are learned nonetheless. 5
  • 6. Cont. iii. Culture is taken for granted: culture is learned, members of a given society seldom question the culture of which they are part. iv. Culture is symbolic: the significance of culture lies in the meaning it holds for people. v. Culture varies across time and place: culture develops as humans adapt to the physical and social environment around them. 6
  • 7. Elements of Culture ā€¢ Language: the formation of culture among humans is made possible by language. ā€¢ Norms: are the specific cultural expectations for how to behave in a given situation. ā€¢ Beliefs: are shared ideas held collectively by people within a given culture. ā€¢ Values: are the abstract standards in a society or group that define ideal principles. 7
  • 8. Types of Culture ā€¢ Generally speaking culture classified in to two broad categories as: i. Material, and ii. Nonmaterial culture. ā€¢ Material culture consists of the objects created in a given society its buildings, art, tools, and other tangible objects. ā€¢ Non-material culture is the norms, laws, customs, ideas, and beliefs of a group of people. 8
  • 9. Culture and Society Socialization ā€¢ Socialization is the process through which people learn the expectations of society. ā€¢ Through socialization, people absorb their culture- customs, habits, laws practices and means of expression. ā€¢ Socialization is the basis for identifies how one defines oneself. ā€¢ Identity is both personal and social. 9
  • 10. Agents of Socialization ā€¢ Everyone is a socializing agent. ā€¢ When people are simply doing what they consider "Normal" they are communicating social expectations to others. ā€¢ When everyone in the same environment dresses similarly, some expectation about appropriate dress is clearly being conveyed. 10
  • 11. Cont. ā€¢ Socialization does not occur simply between individual; it occurs in the context of social institutions. ā€¢ Many social institutions shape the process of socialization, including, as we will see, the family, the media, peers, religion, and schools. 11
  • 12. Explaining Diversity ā€¢ There is no single, agreed upon definition of diversity. ā€¢ To some it means tolerance, acceptance, or perhaps an attitude. ā€¢ To others, diversity may mean inclusion, numbers, or racial and gender differences. ā€¢ Still others see diversity as a code word for affirmative action or laws designed to ensure representation of minority groups. 12
  • 13. Cont. ā€¢ Diversity is defined in the dictionary as a state of unlikeness or the condition of being different. ā€¢ Diversity refers to all of the ways in which people are different. ā€¢ This includes individual, group, and cultural differences. ā€¢ Gardenswartz & Rowe (1994) described diversity as being like an onion, possessing layers that once peeled away reveals the core. 13
  • 14. Cont. ļƒ˜According to Gardenswartz & Rowe (1994) there are four layers of diversity: a)Organizational dimensions: represents the outer most layer and consists of characters such as work location, seniority, field of work, etc. The people can influence this layer in a limited capacity. b)External dimensions: the characteristics in this layer are personal habits, appearance, marital status, and income. The individual exercises a higher level of control over these characteristic. 14
  • 15. Cont. c) Internal dimensions: these characteristics are assigned at birth, such as age, race, ethnicity, gender, and physical ability. An individual has no control over it. d) Personality: the personality of an individual is influenced by the other three levels of the model. The other layers help shape the individualā€™s perception, disposition, and actions, as the individual interacts with the world around them. 15
  • 16. Managing Diversity ā€¢ Diversity management refers to the policies and actions that are designed to create greater inclusion of groups of various backgrounds. ā€¢ Managing diversity is therefore a key to political stability in a country. ā€¢ In the past, states have used a variety of different tools, to meet the challenges of multicultural societies. 16
  • 17. Cont. ā€¢ Historically there are two governance options for managing diversity: a) Assimilationist liberal governance, and b)Accommodationist governance. 17
  • 18. Ways of Eliminating Diversity a. Genocide: openly rejects the legitimacy of diversity and difference as a basis for living together. b. Assimilation: encouraging or forcing them to adopt the language and culture of the majority. c. Segregation: societies are segmented into relatively autonomous dominant and subdominant groups who live apart. 18
  • 19. Models of Accommodating Diversity a. Integration: a commitment to integration emerged as a preferred governance model for managing difference after World War II. b. Pluralism: is an inclusive governance model that envisages the full incorporation of individuals and groups without losing their distinctiveness in the process. ā€¢ Pluralism as governance can be expressed in diverse ways, including multiculturalism, biculturalism, and multinationalism. 19
  • 20. Unit Two: Understanding Federalism o To better understand the concept lets look at the three most common forms of governmental structures found in the world: 1) Unitary 2) Confederation 3) Federal 20
  • 21. Unitary Government oUS is state in which all the powers are vested with one CG. oThe LGs exist and operate only in a way as is desired by the CG. oThe LGs work as administrative units of the CG. oTheir powers and role depend upon the wishes of the CG. oBritain, France, Japan, Italy, China and several other countries are unitary states. 21
  • 22. Confederation oIt is made up of two or more independent states. oMore power is retained by the regional units than the CG. oThe powers that are delegated to the CG are usually fewer and less serious. oThe component states are allowed to remain as separate international entities. oThe CG receives its power or authority from the group of individual members. 22
  • 23. 1.1 Defining Key Terminologies oThere was a consistent effort to formulate a suitable definition of federalism, and the classical writers on federalism particularly: ļƒ¼ Harrison Moore, ļƒ¼ A. V. Dicey, ļƒ¼ Lord J. Bryce, ļƒ¼ Robert Garran, and ļƒ¼ K.C. Wheare oWere primarily seeking to give the concept a proper dimension and meaning. 23
  • 24. Cont. ā€¢ In the view of Moore: ā€œA federal government exists where, in a political community, the power of the government are distributed between two classes of organization- a CG and a number of LGs which are so independent of each other that one cannot destroy the other or limit the power of the other, or encroach upon the sphere of the other as determined by the sovereign in the constitutionā€. 24
  • 25. Cont. ā€¢ As Dicey explained the concept, "A federal state is a political apparatus intended to reconcile national unity and power with the maintenance of the state rights". ā€¢ By the end of the 19th century, Lord Bryce, described the federal and the state government as distinct and separate in their action. 25
  • 26. Cont. ā€¢ According to Robert Garran, an eminent Australian political scientist defines federalism as: ā€œA form of government in which sovereignty or political power is divided between the central and local governments, so that each of them within its own sphere is independent of the othersā€. 26
  • 27. Cont. ā€¢ K. C. Wheare, defined a federal government in the following words: ā€œan association of a states so organized that powers are divided between a general government and state governments which in certain matters are, in their turn, independent of the general government. This involves, as a necessary consequence, that general and regional governments both operate directly upon the peopleā€. 27
  • 28. Cont. oFederalism, therefore: ā€¢ is the principle of sharing sovereignty between central and state governments. ā€¢ two levels of government rule the same land and people. ā€¢ authority is divided between CG and RGs so that each remained independent. ā€¢ is a moral contract or binding agreement based on mutual trust among those involved. ā€¢ is essentially a system of voluntary self-rule and shared rule. 28
  • 29. Federation ā€¢ Preston King explained the conceptual ambiguity of the two different but interrelated terms. ā€¢ He made a significant and very useful conceptual distinction: ļƒ¼ Federalism as ideological, and ļƒ¼ Federation as institutional construct. 29
  • 30. Cont. ā€¢ Federalism is the descriptive theory that include principles for dividing final authority between member units. ā€¢ A federation is one species of such a federal order. Other species are: ļƒ¼ Unions, Confederations, Leagues, Decentralized unionsā€”and Hybrids such as the present European Union. 30
  • 31. Cont. ā€¢ A federation in this sense involves a territorial division of power between constituent units sometimes called: ļƒ¼ ā€˜provincesā€™, ļƒ¼ ā€˜cantonsā€™, ļƒ¼ ā€˜citiesā€™, or ļƒ¼ confusingly ā€˜statesā€™ā€”and ļƒ¼ a common government. ā€¢ There may be federalism without federation, but no federation without some matching variety of federalism. 31
  • 32. Cont. ā€¢ Federated state ā€¢ Federal government ā€¢ Federal systems 32
  • 33. 1.3 Federations and Federalism since the Late 18th ā€¢ Many authors consider that the history of federalism starts with the American experience. ā€¢ It was used as a prototype for federalist studies, as well as a reference for further federal states. ā€¢ The intellectual dimension of the American federalism had been shaped by earlier thinking. ā€¢ The aim of this section is to present these specific thoughts, as well as the early evolution of the federalist semantics. 33
  • 34. Montesquieu ā€¢ Montesquieu was the first to introduce the idea of federalism in modern political thinking. ā€¢ In ā€œThe Spirit of Lawsā€ (1748) he, first attempt to conceptualize federalism. ā€¢ He considered three political regimes: ļƒ¼republic, ļƒ¼Monarchy, and ļƒ¼despotism. 34
  • 35. Cont. ā€¢ In the case of republics they have to be small, in order to maintain themselves. ā€¢ Large states could be maintained only through a monarchic regime, and the largest through despotism. ā€¢ In this perspective, he develops the idea of ā€˜federative republicsā€™, as unions of republics through a contract that would allow them to be large and strong enough to resist to monarchies. ā€¢ Thus, Montesquieu is the first to use federalism- related terms, such as ā€˜federative republicā€™. 35
  • 36. Cont. ā€¢ Although Montesquieu can be considered as the first to promote the idea of federalism in modern politics, it cannot be seen as the origin of all federalist thoughts in modern history. ā€¢ Without direct link to Montesquieu, different approaches have been developed by: ļƒ¼ Johannes Althusius, ļƒ¼ Immanuel Kant and ļƒ¼ Pierre-Joseph Proudhon. 36
  • 37. Althusius ā€¢ Johannes Althusius (1557-1638) brought a specific model of organization of society in his book Politica Methodice Digesta, in 1603. ā€¢ He proposed a bottom-up organization of society, that he called ā€˜consociationā€™. ā€¢ The consociations, as organic bodies, should be working on a self-governing base, and the whole system should allow people to live together, resolving conflicts through consensus. ā€¢ Althusius did not use the federalist terminology and could hardly be related to it. ā€¢ However, as many scholars argued, the Althusian concepts could be useful to study federalism nowadays. 37
  • 38. Kant ā€¢ Philosopher Immanuel Kant developed his own approach of a ā€˜federation of free statesā€™. ā€¢ In his ā€œPerpetual Peace: A Philosophical Sketchā€, Kant aims at establishing a state of peace. ā€¢ Considering that wars are made mostly by authoritarian sovereigns, at the expense of the people. ā€¢ His approach is grounded on the respect of laws. ā€¢ As the state of nature leads to wars, legislation, or civil constitution, must be imposed and respected in order to achieve that aim. 38
  • 39. Cont. ā€¢ Kant is dealing mostly with peace, international law and rights of the citizens, but not with the structure of the state. ā€¢ But, some elements are common to the federalist approach. ā€¢ First is the idea of a contract between entities (republics) respecting each other. ā€¢ Second, by preferring the foedus to the pactus, Kant seems to refer to more organic form of organization than a simple treaty that could be denounced. ā€¢ Eventually, Kant acknowledges implicitly, that the implementation of peace through a large state goes against the diversity of the people, and that a federation is the only way to regulate peace. 39
  • 40. Proudhon ā€¢ Proudhon has been writing his federalist theory by the middle of the 19th century, long after the first development of the modern political ideas. ā€¢ However, it appears that it cannot fall within the federalist genealogy of Montesquieu. ā€¢ However, Proudhon does not take into account Montesquieuā€™s thoughts, nor his reference the Greek city- states, neither he talks about Kant or other scholars. ā€¢ It may seem surprising that Proudhon does not make any mention of these authors when developing his own approach of federalism. 40
  • 41. The Development of the Federalist Idea in the Modern Era ā€¢ The most important achievement of federalism in the modern era has certainly been the innovative constitutional model developed by the American constitution of 1787. ā€¢ The first American experience of the ā€˜Articles of Confederationā€™, written in 1777, paved the way to the writing of the Constitution. ā€¢ It is only after the Constitution that the elements of the debate were formalized into articles gathered into on book. ā€¢ The Federalist, or the Federalist Papers, in 1788, written under the common pen name ā€˜Publiusā€™, by Alexander Hamilton, James Madison and John Jay. 41
  • 42. Cont. ā€¢ An important shift in the American federalist approach takes place by the middle of the twentieth century. ā€¢ That approach aimed at defining a conceptual approach of federalism, in order to use it as a basis for systematic comparative federalism. ā€¢ The founder of the approach is Kenneth Wheare, in 1946, who developed a legal institutional concept of federalism. 42
  • 43. Cont. ā€¢ He is followed by other scholars: ļƒ¼ Kenneth Wheare for ā€œFederalism as a matter of degreeā€, ļƒ¼ William Livingston for ā€œFederalism as a quality of societyā€, ļƒ¼ Carl Friedrich for ā€œFederalism as a processā€, and ļƒ¼ Daniel Elazar for ā€œFederalism as sharingā€. ļƒ¼ Richard Musgrave and Wallace Oates for ā€œfiscal federalismā€. 43
  • 44. Cont. ā€¢ The development of the federalist idea before the American Revolution, or in parallel to it, in the 18th and 19th century has been significant. ā€¢ Although these early federalist thoughts are very different in their nature, they share a common feature: a bottom-up organization of political entities based on a cooperative contract. ā€¢ Moreover, all these federalist thoughts share elements of a common normative approach, as they are all seeking freedom and justice for the citizens. 44
  • 45. 1.4 Some Common Features among Federations ļ± Division of Powers ļ± Written and Supreme Federal Constitution ļ± Rigid Constitution ļ± Bicameralism 45
  • 46. Chapter Two Origin and Formation of Federations 2.1 Taxonomy, Rationale and Models of Federalism oTaxonomy of federation, building it around answers to a simple question: A federal structure is a means to serve what ends? 1) From the general class of federal structures that serve the end of mega-decentralization. 2) The federal structures that safeguard national or ethnic identity constitute another category. 46
  • 47. Cont. There are different models of federalism: 1) Cooperative 2) Dual 3) Permissive Federalism 4) Holding together/Devolution 5) Coming together/Aggregation 6) Putting together 47
  • 48. Cooperative Federalism ā€¢ Cooperative federalism is a model of IGR that recognizes the overlapping functions of the national and state governments. ā€¢ Cooperative federalism asserts that governmental power is not concentrated at any governmental level. ā€¢ Instead, the national and state governments share power. ā€¢ Cooperative federalism also known as marble- cake federalism. ā€¢ In this type of federalism federal, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally. 48
  • 49. Dual Federalism ā€¢ As a theory, dual federalism holds that the federal and state governments both have power over individuals. ā€¢ But that power is limited to separate and distinct spheres of authority. ā€¢ Each government is neither subordinate to nor liable to be deprived of its authority by the other. ā€¢ Dual federalism is often compared to a layer cake where each layer represents a different level of government. 49
  • 50. Permissive Federalism ā€¢ It implies that although federalism provides ā€œa sharing of power and authority between the national and state governments, the stateā€™s share rests upon the permission and permissiveness of the national government.ā€ ā€¢ Is a concept where the states are permitted to exercise those powers which the national government permits them to exercise. ā€¢ The permissive federalism is a type of unitary system. 50
  • 51. Cont. ā€¢ Holding together/Devolution ļƒ¼ A ā€˜holding togetherā€™ federalism in which a formerly unitary state seeks a federal solution to the problems of scale and diversity. ā€¢ Coming together/Aggregation ļƒ¼ a ā€˜coming togetherā€™ federalism in which formerly independent countries unite into a federal state. ā€¢ Putting together Federalism 51
  • 52. Cont. ā€¢ Federal systems do not always use the term ā€˜federalā€™ to describe themselves. ā€¢ The federal level may also be known as a ā€˜nationalā€™, ā€˜centralā€™ or ā€˜unionā€™ government. ā€¢ Constituent units may be known by a variety of names, including: ļƒ¼ā€˜statesā€™ (Australia, Malaysia, USA), ļƒ¼ā€˜provincesā€™ (Argentina, Canada, South Africa), ļƒ¼ā€˜regionsā€™ (Belgium, Italy, Ethiopia), ļƒ¼ā€˜cantonsā€™ (Switzerland), ļƒ¼ā€˜autonomous communitiesā€™ (Spain) or ļƒ¼ ā€˜LƤnderā€™ (Austria, Germany). 52
  • 53. 2.2 Ethnic Vs Territorial based Federal structure ā€¢ Territorial federalism is characterized by the distribution of power over territorial entities. The overarching State, the federation, is divided into territorial sub-units, and State Power is dispersed over these federated sub -units. ā€¢ Ethnic federalism is a federal system of national government in which the federated units are defined according to ethnicity 53
  • 54. 2.3 Symmetric Vs Asymmetric ā€¢ Symmetric federalism refers to a federal system of government in which each constituent state to the federation possess equal powers. ā€¢ Asymmetrical federalism is found in a federation or confederation in which different constituent states possess different powers: one or more of the sub-states has considerably more autonomy than the other sub-states. 54
  • 55. 2.4 Cooperative, Dual and Permissive Federalism ā€¢ Cooperative, ā€¢ Dual and ā€¢ Permissive Federalism 55
  • 56. Forms and Scope of Power Distribution in Federation ā€¢ There are three basic types of powers distribution in federation: ļƒ¼ Exclusive Powers ļƒ¼ Concurrent Powers ļƒ¼ Reserved Powers 56
  • 57. Exclusive Powers ā€¢ In exclusive powers the federal constitution has created a monopoly, which either is in the hands of the federation or of the states. ā€¢ Either the FG or states cannot claim powers not allocated to it by the constitution. ā€¢ This is what is known as the doctrine of enumerated powers. ā€¢ The general principle on which allocation of responsibilities has usually been based, is that ā€œmatters of national importanceā€ should be reserved to the FG. 57
  • 58. Cont. ā€¢ Broadly speaking, the exclusive federal powers include: ļƒ¼defense, ļƒ¼foreign affairs, ļƒ¼immigration, ļƒ¼currency and foreign exchange, ļƒ¼foreign trade, ļƒ¼maritime shipping, etc. 58
  • 59. Concurrent Powers/ Shared ā€¢ Experience has shown that there are certain matters which cannot be allocated exclusively either to the federal government or the states. ā€¢ Thus, federations provide another set of powers commonly described as shared powers. ļƒ¼ education, ļƒ¼ health protection and welfare of citizens, ļƒ¼ insurance, and assistance for old age, ļƒ¼ unemployment, accident, and workersā€™ compensation. 59
  • 60. Residual Powers ā€¢ This powers represent those powers not listed by the constitution and assigned to either unit of government. ā€¢ The United States, Switzerland, Germany, and Ethiopia have preferred to leave residual powers with the states while in India such powers belong to the centre. ā€¢ The greater the list of enumerated powers, the less significant the residual powers will be. ā€¢ Residual power is then just meant to represent the unforeseen matters. 60
  • 61. 2.5 Variations in Federations ā€¢ Second Houses and Representation ļƒ¼In almost all federal states, federal parliaments have a bicameral structure. ļƒ¼United States, Australia, Canada-Senate ļƒ¼Switzerland-Council of States ļƒ¼Germen-Bundesrat ļƒ¼India- Rajya Sabha 61
  • 62. Cont. ā€¢ Federations manifest enormous variations in the composition, method of selection and relative powers of their second chambers. ā€¢ The choice is between the principle of equal representation at one extreme to the majoritarian principle of representation at the other extreme. ā€¢ Both of these at either end of the continuum violate important principles of fairness. ā€¢ There are some serious arguments in favor of weaker second chambers, particularly in parliamentary federations. ā€¢ In parliamentary federations the house that controls the executive government inevitably has more power. 62
  • 63. Cont. ā€¢ In general, we can make a three-fold classification: i. Those that are symmetrical second houses as in USA and Switzerland where the two houses are co-equal in power and are directly elected. ii. Those that has absolute veto power on federal legislation affecting the division of power. Examples include Germanā€™s Bundesrat and South Africaā€™s Council of Provinces. iii. Those equal in principle but in practice with less power. Deadlock resolved by joint sitting. 63
  • 64. Reason for Federalism ā€¢ There are several suggested reasons for a federal order: ļƒ¼ Federations may foster peace. ļƒ¼ Federations can promote economic prosperity. ļƒ¼ Federal arrangements may protect individuals against political authorities by constraining state sovereignty, placing some powers with the center. ļƒ¼ The federal arrangements protect minoritiesā€™ human rights against member unit authorities. 64
  • 65. 2.6 The Critique of federalism a) Duplication of work and lack of coherence. b) Additional operating costs. c) Increasing regional discrepancies of wealth, resources and outcomes. d) Harmful economic competition between sub-national units. e) Potential exclusion of minorities. f) The strengthening of local elites who misuse power. g) Ineffective governance because of a lack of capacity. h) Instability and threats to democracy 65
  • 66. Necessary Condition for the Success of Federation i. Desire for Union ii. Preservation of Individuality iii.Political Maturity and Education iv.Approximate Equality of Units v. Similarity of Political Institutions and Alert Political Parties vi.National feelings 66