Federalism a way forward to Democratic Society

 

Federalism, a division of powers between the provisional and federal government is a leading way to democracy.   The feature of federalism paves way for a democratic society. Checks and balance, division between two or more levels of government, popular participation and supremacy of the constitution, support the formation of democracy. Federalism helps to bring the majority rule through the participation of every group of the society. It develops a bridge between representatives and represented through the sub units of government. Additionally, the political actors and the common people get proper platforms to communicate their problems, thus seek cooperation for each other. In this paper, I have critically evaluated how federalism is a way to democratic society, giving the examples of various jurisdictions in the world.

3         INTRODUCTION

 

Federalism is a constitutional mechanism for the division of power between different levels of government. It is a combination of partial self-governing and partial shared government system. Federalism is a means of ensuring peace, stability and mutual accommodation in states that are territorially diverse, regarding their identity, ethnicity, religion and language.¹ This mechanism is more preferable to countries with diversity because it improves the service delivery and democratic reliance; decisions are made on consensus, give protection against over-concentration of power and resource, and create more opportunities for democratic participation. The close relations between governmental organizations and peoples in federal system allow independent institutes to control political power and that in return contributes to the development democracy. Federalism also opens different kinds of career paths for the ambitious politicians to become strong candidates for national leadership by developing reputation for good government in provinces. Additionally, federal division of powers can fundamental change the nature of competition among the politicians even when the voter don’t have significance difference between the policy preferences. ²

Federalism is a broadly implemented feature in today’s international communities of polities. Around the world 70% of the states are believed to have at least some elements of federalism³ and notable federal countries and quasi federal countries are United States of America, Argentina, Belgium, Brazil, Canada, Germany, India, Malaysia, Nigeria, Pakistan, Spain and South Africa.⁴

4         MAJOR CONCEPTS

 

4.1         Democracy

 

The word democracy is derived from Greek word “demos” that means people, so is defined as government in which the supreme power is vested in the people. As President Abraham Lincoln said democracy is the government “of the people, by the people and for the people.” Thus, democracy is considered as the institutionalization of freedom. It is rest upon a well understood group of values, attitudes and practices. All of which may take different forms and expressions among cultures and societies of the world. ⁵

Main Features of democracy⁶

 

·         Majority Rule

 

·         Multi party system

 

·         Freedom of Association

 

·         Freedom of Assembly

 

·         Respect for Minority Rights

 

·         Respect for individual rights

 

·         Respect for law

 

·         Independence of Judiciary

 

4.2         Federalism

 

The word federalism is taken from a Latin word “foedus” that can be interpreted as a union or alliance. The most formal definition for federalism is “a system of government that establishes a constitutionally specified division of powers between different levels of government.” ⁷

Features of Federalism⁸

 

·         Two or more levels of government

 

·           Same citizen Separate jurisdiction

 

·         Superiority of Constitution

 

·         Rigid Constitution

 

·         Supreme Authority of courts

 

·         Separation of Powers

 

·         Checks and balance

 

·         Popular participation Contemporary, there are two main levels;⁹

·         A national, central or federal level

 

·         A state, provincial or regional level

 

However, in some countries like South Africa shows a third-fold distribution of power, recognized by the constitutional powers of local governments or complex overlapping of territorial and linguistic federalism such as Belgium. Before discussing the role of federalism in leading democracy in the present world, I felt it necessary to give a look back to the evolution history of this mechanism.

5         EVOLUTION OF FEDERALISM

 

Ancient Greece was the first to try something like federalism. The city-states in Greece decided to come together in a federal system due to military reasons. The constituent cities delegated the federal ruler’s only military authorities and kept decisions related to diplomatic matter such as whether or not to make war and other relevant matters of military decisions to themselves. The first attempt of federalism wasn’t become successful due to which the military functions were badly performed.¹⁰

Again 1500 years latter federalism appeared again in northern Italy, southern Germany and some medieval cities. Just like Greek these also tried federalism for military purposes and unfortunately, the consequences of this attempt was same as the first in Greece. However, the only federalism survived, in the modern time that is the Swiss confederation but the reason of its survival was unique geographic advantages for military operations.¹¹

In 16^th century a successive federation was formed by the Dutch federation. This was created against the imperialism of the Spanish Crown. The Dutch federalism survived for 200 year, until it was abolished by Nepoleon. The Dutch federation was more centralized and an increasing number of decisions both concerning diplomatic and military questions were made on federal level. ¹²

The most successful model of federalism was made in America, the model that is used by the contemporary world now. The federalism created by the Americans further strengthens their democratic policy. The need of federalism was felt by the framers of American constitution, to determine the division of power of government between federal and provisional government. With the changing needs of the time the America did experiments with their

federalism system. Consequently, introduce types of federalism; dual federalism, cooperative federalism, creative federalism, fiscal federalism and new federalism. Ultimately, the adoption of new types of federalism, according to the need of time made the United States of America world’s biggest democracy.¹³

6         BENEFITS OF FEDERALISM TO DEMOCRACY

 

6.1         Checks and Balance

 

Federalism represents one of the most efficient checks and balance of the political actions, as it multiples the vigilance mechanism of a democratic system. Through the creation of different levels of government federalism not only divides the power among several organisms and avoid the concentration of authority in single abusive branch, but also encourages the various powers of the structures to oversee each other. Relying on the caution nature of the authority federalism provide a zealous care between the political actors and bound them to maintain the political action within a realm of restricted competences. It also increase the number of players in the political system thus creates indispensable safeguard against the abuse of power that could endanger democracy. ¹⁴

A noble researcher, Laureate Roger Myerson in one of his paper has evaluated the behavior of political leaders in a federalist system found that the federal division of powers foments healthy and successive governances, as it creates an additional powerful incentives for provincial leaders, who wish to creates a good reputation and crave a future role at the national level. Whereas, in the unitary system ambitious politicians can easily spoils public policy with their personal interests. In contrary, federal system gives effective power at multiple levels, the fierce competition among political actor generates an opportunity and

6.2         Federalism Government is Rooted in the Constitutionalism and Pluralism

 

“Federalism requires power sharing between federal institution and those at the sub-national level, such that neither level of government has absolute powers. A well-functioning federal system is by definition constitutional and pluralistic, as it is based on discussion and negotiation between balanced centers of power and the recognitions of minority under a broad framework of agreed constitutional rules. "Such successful federalism benefits the well functioning democratic institutions, judicial system, integrated national political parties and appropriate electoral incentives created by democratic political competition ¹⁶.

6.3         Popular Participation

 

Since federalism upholds decentralization, the power and the rights of the governmental nearest to the communities are reinforced. This can lead to the promotion of democratic values for two reasons. First it strengthens representation by encouraging dynamics of closeness between the political actors and the common citizens who can approach the government easily through the significant units of decision close to them. This closeness also emphasizes political accountability through the strong linkages between the representatives and represented. Ultimately, created better communication opportunities between them and raising a chance to punish those who were more personal and incapable to protect the interest of common citizens. ¹⁷

On the other way, by decentralization federalism can maximize popular participation in the public affairs and it does this by creating more governmental structures. Consequently, creates more opportunities for citizens to influence the decision making process. ¹⁸

6.4         Citizenship revisited

 

Through the establishment of social and political network that works upon a clear principle of civic intervention, federalism provides a genuine meaning of democracy because it provides rights to each individual or the minorities to participate in the decisions that affect directly their lives. It allows political groups that are minority on federal or provincial level to hold office of decision making. Ultimately, this can have a beneficial effect in promoting political inclusion and a balance of power in countries with a dominant party at the national level. For instances, South Africa, the African National Congress party won large minorities at every national elections since the democracy transition 1990s and the opposition has enjoyed power in Western Cape Province. The opportunity of participation in politics can provide great chance for women, ethnic minorities, poor people and other traditionally under represented demographic to be elected to office.¹⁹

6.5         Changes in Party System

 

Federalism also forces the political actors to locate different point of views in various government systems. Through federal system politicians can reshape the nature of the party competitions and the incentives for politicians in making great adaptation to regional and local necessities. Thus, parties in federalism are more connected and dependable of populr opinion that the unitary countries where a party organizations usually demands a stronger and rigid centralized leadership. 

America in this case demonstrates the advantages of federalism in this matter. Because of the diversified cultural, social and economical difference, political parties are highly decentralized as they have to opt themselves to the changing priorities of the electorate. Thus, the Democratic Party structures in the south, is more conservative than in the west.

6.6         Pluralism and Minorities

 

Federalism can promote democratic values by protecting the rights of minorities. As Rudolk Hrbek said “minorities may have a stronghold at the regional level which would give them better opportunities to promote their case within the national organizations. A federal structure makes it easier for minorities to gain ground, to grow up and to consolidate at the regional level. A federal structure forbids marginalizing minorities.” Hence, federalism is one of the effective mechanisms in protecting the minorities against elected majorities through the creation of political subunits. In fact, federalism creates immunity barriers against abuses to minorities. ²¹

6.7         Federalism and constitution

 

The decision to adopt the mechanism of federal system shapes the constitutional structure with implication for the structures of the legislature, the constitutional amendment process and other aspects of constitutional designs. Constitutional supreme, which is the law of any land are necessarily associated with federalism. In the federal countries, process of amending is design, in order to prevent the any changes without the consent of the substantial units. Thus, this protects the interest of diversified group and brings the law selected by the major.

7         FEDERAL COUNTRIES AND THEIR WAY TO DEMOCRACY

 

The successive waves of democratization have spread the federalism around the world. The federal systems are now found in emerging and consolidated democracies. It has now opt different forms according to the various jurisdictions and is found in countries with presidential, semi presidential, and parliamentary executives. The political struggle of United States of America and Pakistan to achieve the democracy through federalism is following;

7.1         United States of America

 

The thirteen colonies in America, form union against the Great Britain to drive them out of their land, but as long as they were fighting against the British, it was easy for the government to stay in power. Yet, when the war was won the states did not really see any reason to give more power to the government and they wanted they sovereignty back; hence, from here started how to distribute the power of the government.²³

The farmers of the American constitution then strive for an alternative way, though which they could protect the sovereignty of states and also to keep the unity between the states in the form of federal government. This led them to the creation of today’s model of federalism which made them democratic in nature. The American federalists, in order to secure the legacy of liberty of every individual incorporated the doctrines of separation of powers between the three organs of government and human rights to ensure uplift the value of humanity in their constitution.

“As it is today these all doctrines and steps taken by the farmer of the American constitution has became important for all the democracies around the world. The methods that the constitutional farmers come up with to ensure division of powers became known as the checks and balance. Checks and balance has become very important in the United States

federal system and in around the world. The first of the three powers in the United States is legislative power that consists of the House of Representatives and the Senate. Since this power consists of representative of the states, there is where the difference states have their chance to affect the decision making. The legislative branch main job is to pass federal law. The second branch is the Executive branch, that consist of president and the third branch is the judicial. Checks and balance work so that each branch is given not only its own powers but also some power over the other two branches. With these separations of powers states in federation are with different levels of representation able to have an impact with the national level of federation.”²⁵

America with its unique strategies, brought with the changing circumstances and time in its federalism, thus became the supreme power of the world and the biggest democracy. This was the federalism that led it to introduction Human Right in its constitution and for its protection policies were made at provincial and federal level to strengthen the democratic character of their government.

7.2         Pakistan

 

Pakistan being a multi lingual and cultural country, suits for federalism. Federalism is the best mechanism for Pakistan because through federalism it is easily to render the representation of all the communities in the country. However, in the early years of Pakistan unitary was adopted in the Pakistani by the dictators. Later on, after the formation of the Constitution 1973 it became quite stable. Yet, the struggle to keep the country a democratic state is continuing till now and for this purpose each government has made efforts to strengthen the federal mechanism.

Thus, Pakistan don’t have a glorifying history of federalism and democracy as United States of America but the changing time is bringing improvement in the process of federalism and democracy in Pakistan.

 

8         CONCLUSION

 

The federalism is so far the best way to strengthen democratic character of states in over the world. Democracies around the world through different form of federalism are operating the power of democracy. The features of democracy and federalism require each other’s support to be executed in real means. In fact, federalism back democracy up to dissolve in countries that have diversity. It supports pluralism and help implementing the human rights to ensure the betterment of humanity through extending the governing platform from ascending to descending order, means extension of representation in government from federal to provisional level.