1. Belgium’s Shift to Federalism 🇧🇪

• Belgium’s Constitutional change in 1993 reduced the power of the Central Government and transferred powers to regional governments. 🏛️
• Prior to 1993, regional governments existed, but their powers were dependent on the central government, which could withdraw them. ⚖️
• The 1993 change made regional governments constitutionally independent of the central authority, shifting Belgium from a unitary to a federal system. 🔄
• This shift allowed regional governments to have autonomy in managing their own affairs, significantly empowering local governance. 🌍
• The regions of Flanders, Wallonia, and Brussels were granted specific powers related to their cultural, linguistic, and regional needs, promoting cultural autonomy. 🏞️
• Belgium’s new system aimed to de-escalate tensions between Dutch-speaking Flanders and French-speaking Wallonia, offering both regions greater political and administrative control. ⚖️
• With these constitutional guarantees, Belgium ensured that regional governments could function independently, thus reducing centralized conflict and promoting cohesion among diverse communities. 🔄
• The federal system has helped accommodate linguistic diversity, recognizing Dutch, French, and German as official languages, ensuring equitable representation for each community. 🗣️

2. Sri Lanka’s Unitary System 🇱🇰

• Sri Lanka maintains a unitary system, where the national government holds all the power over the regions. ⚡
• Despite calls from Tamil leaders for a federal system, Sri Lanka’s central government remains dominant, without transferring significant power to regional governments. 📜
• The unitary nature of Sri Lanka’s government creates centralized control, where decisions and orders flow from the national level to local or provincial authorities. 🏛️
• Regional demands for autonomy continue to be a political issue, with federalism being a key demand from some communities. 💬
• The Tamil ethnic minority in the north and east of Sri Lanka has long demanded greater autonomy, as they feel marginalized by the Sinhala-majority central government. 🏞️
• The lack of a federal structure has led to political unrest, with demands for equal representation and cultural recognition of the Tamil people. ⚡
• The unitary system often results in the central government’s over-centralized policies being implemented in diverse regions, which leads to inequitable development. 🌍
• Sri Lanka’s government has faced challenges in balancing the interests of ethnic communities, with federalism being seen as a potential solution to ease tensions and grant local self-governance. 🔄

3. Federalism: Key Features ⚖️

• Federalism divides power between a central authority and various constituent units of the country, ensuring autonomy for both. 🌍
• In a federation, two levels of government exist: the central government for national matters and state/provincial governments for local administration. 🏛️
• Both levels of government have powers that are independent of one another, with each level accountable to the people for its actions. 🗳️
• A federal system ensures autonomy for regional governments, allowing them to govern without direct interference from the central government. 🌐
• Constitutional safeguards protect the rights and powers of states or provinces, ensuring that neither level of government can infringe upon the other’s jurisdiction. 📜
• Federal systems encourage diversity by allowing states or provinces to adopt policies that cater to their unique cultural, economic, or geographical needs. 🌍
• Judicial review often plays a key role in resolving disputes between the central and state governments, ensuring that both abide by the constitution’s provisions. ⚖️
• Power-sharing in federalism allows for greater participation from local communities, fostering inclusivity and responsiveness to regional demands. 🗣️

4. Federalism vs. Unitary Systems ⚖️

• In a unitary system, the central government holds all the power and can direct sub-units (provinces or local governments) to follow its orders. 🏛️
• Sub-units in a unitary system are subordinate to the central government, with the latter having the ability to dissolve or alter powers of lower levels. ⚡
• Federal systems differ by giving states or provinces independent powers, ensuring that central government cannot unilaterally dictate their actions. 🌍
• Both federal and unitary systems have their advantages: unitary systems allow for strong centralized control, while federal systems promote local autonomy and diversity of governance. 🌍
• Unitary systems are more suited for smaller, more homogenous countries where a single national identity and uniform governance is desirable. 🌍
• Federal systems are particularly effective in diverse countries, where ethnic, linguistic, or cultural differences necessitate decentralized governance. 🌍
• In unitary systems, there is typically less complexity in governance since decision-making is centralized, making it easier to implement national policies. ⚡
• Federalism, by contrast, is often more complex but provides a balance between unity and regional diversity, accommodating different local needs while maintaining national cohesion. ⚖️

Let us look at some of the key features of federalism :

• 🗣️ Two or more levels (or tiers) of government

  • Federalism has more than one level of government.
  • These levels can include national, state, and local governments.
  • Each level has its own responsibilities, but they work together for the welfare of the country.
  • Different countries have different numbers of levels; some may have just two, while others have more.

• 🤝 Different tiers govern the same citizens

  • Citizens are governed by both national and state governments.
  • Each level handles different issues, such as laws, taxes, and services.
  • The national government may focus on foreign policy, while state governments focus on local matters.
  • This system helps prevent one level of government from becoming too powerful.

• 📜 Jurisdictions specified in the constitution

  • The constitution clearly states what each level of government can do.
  • It divides responsibilities between different government tiers.
  • For example, the national government may control defense, while state governments may manage education.
  • This separation ensures each government has its own space and limits conflict.

• ⚖️ Constitutional changes require mutual consent

  • Any changes to the country’s constitution require agreement from both levels of government.
  • This protects the rights of each level and prevents unfair changes.
  • The national government can’t change the constitution without the states’ consent.
  • Likewise, states cannot change the constitution on their own without national approval.

• 🏛️ Courts interpret and mediate

  • Courts are responsible for explaining the meaning of the constitution.
  • If there are disagreements between government levels, courts step in to resolve them.
  • The highest court in the country has the final say in such disputes.
  • Courts also make sure that the rights of citizens are protected by ensuring that both levels follow the constitution.

• 💰 Revenue sources are clearly defined

  • The constitution or laws specify how each government level can raise money.
  • This ensures that the state and national governments can operate independently.
  • The national government may collect taxes like income tax, while state governments may collect sales tax.
  • Each level has its own income, ensuring it can fund its responsibilities.

• 🌐 Federalism promotes unity and diversity

  • Federalism aims to unite people under one national government while respecting regional differences.
  • Each region or state has the freedom to make decisions that fit its own culture or needs.
  • Federalism allows local governments to have a say in national decisions.
  • It creates a balance between national strength and regional freedom, helping to maintain peace and cooperation.

5. Types of Federations ⚖️

• Federations can be formed through two main routes: ‘coming together’ federations and ‘holding together’ federations. 🌍
• In ‘coming together’ federations, independent states join together voluntarily to form a larger unit, pooling sovereignty and maintaining their identities for security. 🏛️
• Examples of ‘coming together’ federations include the USA, Switzerland, and Australia, where constituent states generally have equal power and are strong vis-à-vis the federal government. ⚖️
• In ‘holding together’ federations, a larger country divides power between the central government and constituent states, often to maintain unity in a diverse country. 🏛️
• Examples of ‘holding together’ federations include India, Spain, and Belgium, where the central government is often more powerful compared to the states or provinces. ⚡

6. Power Distribution in Federations ⚖️

• The balance of power between the central and state governments varies across federations, influenced by the historical context in which each federation was formed. 🌍
• In ‘coming together’ federations, constituent states usually have equal power and maintain significant autonomy vis-à-vis the federal government. 🌐
• In ‘holding together’ federations, the central government tends to be more powerful, with varying degrees of power assigned to different constituent units. 🏛️
• In some federations, certain states or regions may be granted special powers to address specific regional needs or historical contexts. 📜
• Unequal powers among constituent units can lead to differences in governance and the relationship between the central government and states. ⚖️