Federalism STUDENT XAVIER SIMILEER COURSE COMPARATIVE CONSTITUTIONAL LAW

Federalism STUDENT: XAVIER SIMILEER COURSE: COMPARATIVE CONSTITUTIONAL LAW

Autor of the text Kenneth C. Wheare Professor of government and vice chancellor at Oxford Federal government 1946 -1963 Considered an expert in British commonwealth constitutions

Structure of the text Definition of federalism Compare with other associations of states ( or organizations) Compare other federal constitutions Federalism in practice ( federal government)

What is federalism? United States Constitution of 1787 Regulates an association of states Federal principle Co-ordinate division of powers General authority- regional authority Each citizen is subject to two governments

Other associations of states Austria Hungary German empire 1871 -1918 League of nations Union of South Africa

Federal principle Constitution of the United States 1789 The federalist papers old principle of subordination against new principle of co-ordination New principle recognized after civil war ‘the method of dividing powers so that the general and the regional governments each, within a sphere, co-ordinate and independent. ’

Examples of federal constitutions and governments Australian constitution of 1900 Swiss constitution 1848 Canadian constitution- British North America act 1867 ? Quasi constitutions Between law and practice

Results of the research Definition of federalism Federal structure and federal government List of countries that can be considered federal ( United States, Australia, Switzerland, Canada? ) Combination of Classificatory work with historical work

Chosen subject Legislative powers of the federal legislature United States and Australia Historical method with functional method