Prof. Thomas Fleiner*/
Prof. Dr. Lidija R. Basta Fleiner
Theories and Praxis on Peace, Federalism,
and Human Rights
Third Week: Federal Institutions
Principles and Designs..
2nd Class:
Different Historical
Developments of
Federal States
Thomas Fleiner
Different Periods in History:
Old Confederations:
Greece
Genghis Khan
Middle Ages
Swiss Confederation
Federal Concepts in feudal Societies
European Feudalism
Ottoman Milet System
Ethiopia
Foundation of the Modern
State
The American Revolution
Confederation - Federation
The Swiss Constitution
American, French Influence
The German Empire Constitution
Second Chamber
Austria
Latin America
(Spanish and Portuguese Empire)
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Mexico
Columbia (failed)
Venezuela
Brazil
Argentina
British Empire:
Canada
Australia
St. Kitts and Nevis (1983)
India
Pakistan
Malaysia
Nigeria
French Empire
 Union of Comoro Islands (2001)
Ottoman Empire:
Arab Emirates
Iraq
Development after World War II
Peace and Conflict - Transformation:
European Union (1950ies, Maastricht
Lisbon 2009)
Spain (1978)
Micronesia (1979)
Belgium
South Africa
Ethiopia
Iraq
Sudan
Soviet Empire
Czechoslovakia
Russia
Yugoslavia
Serbia Montenegro
Bosnia Herzegovina
Macedonia
Kosovo
International Influence:
Bosnia-Herzegovina, Serbia Montenegro
Iraq, Sudan
Newly envisaged federal countries?
Nepal, Philippines, Indonesia, Cyprus
Sri Lanka, Sudan (North / South)
New Regionalization in Europe
Devolution in the UK
Italy
France
International Influence: Legitimacy
Important Differences:
Bottom up – Top down
Common Law – Continental Law
Administrative – Competitive
Asymmetric Federalism
Personal Territorial Federalism
Ethnic Federalism
Federation – Confederation –
Supranational Organization
Federalism and:
Sovereignty
Constitutionalism
Separation of Powers
Judiciary and Rule of Law
Democracy
Human Rights
Legitimacy
National and international
Regionalism
Subsidarity
International Law
Preambles of Modern
Constitutions
Switzerland
Spain
We the Swiss People and Cantons
… are determined to live our diversity in unity respecting one another;..
Art. 2 Purpose
It (Switzerland) shall promote ..the
cultural diversity of the country
The Constitution is based on the
indissoluble unity of the Spanish nation,
the common and indivisible homeland
of all Spaniards, and recognizes and
guarantees the right to autonomy
of the nationalities and regions
Germany
the German People have adopted,
by virtue of their constituent
power, this Constitution.
Belgium
Belgium is made up of three
Communities: the French
Community, the Flemish
Community, and the Germanspeaking Community.
Ethiopia
 We, the nations, nationalities and
Peoples of Ethiopia…
 Recognising that our common destiny
needs to be based upon the rectification
of historically distorted relationships
and promoting common interests;
 Convinced of the necessity of building a
single economic community so as to
promote our common rights, freedoms
and interests; ….
Turkey
Croatia
The recognition that all Turkish citizens
are united in national honour and pride,
in national joy and grief, in their rights
and duties towards their existence
as a nation, in blessings and in burdens,
and in every manifestation of national
life, and that they have the right to
demand a peaceful life based on absolute
respect for one another's rights and
freedoms, mutual love and fellowship,
and the desire for, and belief, in "Peace
at home, peace in the world
of one's own state, based on the Croatian
nation's historical right to full sovereignty,
PREAMBLE:
Serbia
CONSCIOUS OF THE STATE TRADITION OF THE SERBIAN PEOPLE
AND DETERMINED TO ESTABLISH
THE EQUALITY OF ALL THE PEOPLES LIVING IN SERBIA, THE CITIZENS OF SERBIA, AS PART OF
THE EUROPEAN FAMILY OF NATIONS, AND WITH A PLEDGE FOR
MODERN DEMOCRATIC STATE
BASED ON PEACE, TOLERANCE,
RESPECT FOR HUMAN RIGHTS
AND FREEDOMS, ON THE RULE
OF LAW AND SOCIAL JUSTICE,
Persons belonging to a national minority
shall have special rights which they
exercise individually or in community
with others.
WE, THE MEMBERS OF THE HUNGARIAN NATION,
at the beginning of the new millennium, with a
sense of responsibility for every Hungarian, hereby
proclaim the following: We are proud that our king
Saint Stephen built the Hungarian State on solid
ground and made our country a part of Christian
Europe one thousand years ago….
The nationalities living with us form part of the
Hungarian political community and are constituent
parts of the State.
We commit to promoting and safeguarding our
heritage, our unique language, Hungarian culture,
the languages and cultures of nationalities living
in Hungary, along with all man-made and natural
assets of the Carpathian Basin.
Russia
Bosnia
We, the multinational people*
of the Russian Federation, united
by a common destiny on our land,
Bosniacs, Croats, and Serbs, as
constituent peoples (along with
Others), and citizens of Bosnia
and Herzegovina hereby determine that the Constitution of Bosnia
and Herzegovina is as follows:
European
Union
DETERMINED to lay the foundations of an ever closer union
among the PEOPLE‘S of Europe,
RESOLVED to establish a citizenship
common to nationals of their countries,
RESOLVED to continue the process of creating
an ever closer union among the peoples of Europe,
in which decisions are taken as closely as possible
to the citizen in accordance with the principle
of subsidiarity, (Consolidat.Treaties)
This Treaty marks a new stage in the process
of creating an ever closer union among
the peoples of Europe, in which decisions are
taken as openly as possible and as closely
as possible to the citizen.
Treaty EU Common Provisions Art. 2
— to strengthen the protection of the rights
and interests of the nationals of its Member
States through
the introduction of a citizenship of the Union;
Article 17 (ex Article 8)
1. Citizenship of the Union is hereby established. Every person holding the nationality
of a Member State shall be a citizen of the
Union. Citizenship of the Union shall complement and not replace national citizenship.
2. Citizens of the Union shall enjoy the rights
conferred by this Treaty and shall be subject
to the duties imposed thereby.
Preamble of the Consolidated Version of the
Treaty of the European Union
DRAWING INSPIRATION from the cultural, religious
and humanist inheritance of Europe, from which have
developed the universal values of the inviolable and
inalienable rights of the human person, freedom,
democracy, equality and the rule of law, …
DESIRING to deepen the solidarity between their
peoples while respecting their history, their culture
and their traditions,…
RESOLVED to establish a citizenship common to
nationals of their countries,..
RESOLVED to continue the process of creating an
ever closer union among the peoples of Europe, in
which decisions are taken as closely as possible
to the citizen in accordance with the principle of
subsidiarity,