FEDERALISM - lrc myanmar

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FEDERALISM:
THEORY AND PRACTICE
INTRODUCTION
Confederation
Centralized
Unitary
Decentralized
Unitary
Centralized
Federation
Modern
States
Decentralized
Federation
I. THEORY
I . a. FEDERAL STATE
- Power is divided between the Central government
and Regional governments.
- Power sharing between central and regional
governments is written in the federal constitution and
state constitutions as well
- Powers could only be changed through a
constitutional amendment.
I. b. UNITARY STATE
 The Central government has the right to make
decisions at all levels of government.
 The Central government can decide to delegate some
powers to the Regional governments, (in some case,
a lot of power)
 However, the Central government can decide to take
these powers back.
I. c. FEDERAL SYSTEM AND BALANCE
OF POWER
 The balance of power in a federal system is usually
not equal. (ie, Centralized or decentralized, based on
objective condition)
 If the Central has extreme power  Unitary
If the Regional has extreme power  confederation.
 Within a region, federalism can also be used to divide
power between the Regional government and Local
governments.
 The power balance between levels of governments
can change over time. (e.g. US/Canada)
I. d. ASYMMETRICAL AND
SYMMETRICAL FEDERALISM
 In a federal system, some regional governments can
have more powers than others
 When the amount of autonomy regional
governments have, is not the same, it is called
“asymmetrical federalism”.
 When the amount of autonomy regional
governments have, is the same, it is called
“symmetrical federalism” .
I . e PURPOSES OF FEDERALISM
1. To guarantee the cultures of minority groups.
2. To balance majority rule with minority rights
3. To give local people the power to handle local
problems
4. To encourage local people to became involved in
their own government.
5. To act regional or local governments as check and
balance on the federal government.
I. f. SOME ADVANTAGES OF
FEDERALISM
Efficiency
Economists say that having more local levels of government make
decisions is more efficient than having centralized management. Regional
and local governments know better what their communities need and can
make policies that are appropriate for these communities.
Laboratories of Experimentation
Different policies (for instance on health or education) can be tested in
different regions. The most successful ones can then be adopted by other
regions,
Political Empowerment
The act of participating in self-government improves peoples’ lives. In a
large country, federalism is one way to make sure that more citizens have
opportunities to govern themselves.
Cultural Empowerment
There will be more autonomy for different cultural communities ( ethnic
groups, religious groups), so cultural communities feel that their cultures
and traditions are respected and valued.
I. g. SOME DISADVANTAGES OF
FEDERALISM
Inefficiency
Some economists argue that having many governments can make
joint action confusing and difficult. For example, it was only in 1995
that Australian railway tracks were fully standardized, so that
passengers and cargo could go from one end of the country to the
other without changing trains.
Tyranny
Communities in which the people in government all come from one
group tend to oppress minorities. For instance, in the South of the
United States, white state governments discriminated against and
repressed blacks, The central government had to intervene to
make sure that blacks’ rights were respected.
I. h. HOW IS A FEDERAL STATE
CREATED?
 Often the Central government is worried that if they do
not create a federal system, there will be armed conflict,
(INDIA)
 The Central government usually has more power,
“holding together”
 Sometimes two or more states decide to join together and
form a union. (U.S)
 Regional governments have more power.
“Coming together”.
 A federal constitution and state constitutions must be
drafted and passed.
I. i. CONSTITUTION
In a federal constitution, it will also explain which levels
of government have power and what the powers are of
the different levels. Some federal constitutions give a lot
of details about the powers each level will have. Others
are less detailed.
Regional (state, province) constitutions will explain how
the regional government will be set up and work and the
important rights citizens of that region have. It will also
list the important laws for that region. Regional
constitutions may also list the rights of the federal and
regional governments., event though it is already in the
federal constitution.
I. j. FEDERALISM AND REVENUE
 Mostly, governments earn revenue through taxing
(citizens and foreign business) and through selling
natural resources,
 In most federal systems, the states keep some tax money
and the federal government gets some. Sometimes the
federal government collects all and then returns some of
it to states.
 For the sales of natural resources, agreements can be
made between central government and stats (40% - 60%)
I. k. RELATIONSHIP BETWEEN FEDERAL
GOVERNTENT AND STATE GOVERNMENT
One way to create a closer relationship between the federal government
and the state governments is to have state representative in the federal
government.
Executive branch: There can be a rule that a certain number of cabinet
ministers must come from the different states.
Legislative branch: The Legislature can have two houses, with the upper
house representing the states. Within the upper house, there can be an
equal number of representatives for each state or different numbers
depending on population. The upper house should have relatively equal
power with the lower house (ie. all important law should be passed by both
the lower and the upper house).
Judicial branch: Another rule can be that federal judges must come from the
different ethnic states. In this way, the states feel represented at the federal
government level.
II. PRACTICE
[FEDERALISM AND MYANMAR POLITICS]
II. A. BACKGROUND
 PRE AND POST INDEPENDENCE PERIOD
 Dogmatism
 Soviet Dogma
Self-determination
 China Dogma
autonomy
 US Dogma
 Bill of right
Not based on ethnic, based on geography
II. b. PAST EXPERIENCE
|CONFERENCE|
 Panglong Conference
(1947)
 Tong Gyi Conference
(1961 – 62)
II. c. FEDERAL PRINCIPLE
 Union (Federal)  Unitary
 Important points
1. Eight States
2. The equal representatives from Upper and Lower houses.
3. The equal power of both houses
4. Federal government’s legislative power
(Foreign affairs, defense, finance, currency and coinage,
Postal service and telegraphs, shipping, railways, Air and
water transport, judiciary , costal tax)
5. Fair distribution of revenue
- 1961- Feb, Mar  Yangon
II. d. PAST EXPERIENCE
|PEACE TALK|
 1963
Problem- secession
 1989/90
Problem – regional development
II. e. 2008 CONSITITUTION
 Whether federal or unitary
 Schedule one
(Union Legislative List)
 Schedule two
(Region or State Legislative List)
 Schedule three
(Self-Administered Division or Self-Administered Area)
 Schedule five
(Taxes Collected by Region on State)
II. f. 2008 CONSITITUTION (con: )
Sectors
Central
Regional
1
Union Defence and Security Sector

2
Foreign Affairs Sector

3
Finance and Planning Sector


4
Economic Sector


5
Agriculture and Livestock Breeding Sector


6
Energy, Electricity, Mining and Forestry Sector


7
Industrial Sector


8
Transport, Communication and Construction Sector


9
Social Sector


10 Management Sector


11

Judicial Sector
CONCLUSION
 Peace Building Road Map (3 Stages)
 Constitutional Amendment (USDP)
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