What is characteristic of a federal system?

The following are the important characteristics of federalism also known as federal form of government.

Supremacy of the Constitution an important Feature of Federalism

A federation is an agreement between two or more sovereign states to create a new state in which each will exercise specific powers. This agreement is in the shape of the constitution. The constitution defines and explains the powers and the jurisdiction of each government. For this purpose the constitution is considered to be the supreme law in the federation. No central or provincial, which is against the constitution, can be enforced. Similarly if a change is desired in the constitution, it must be according to the method provided by the constitution. Supremacy of the constitution means:

1. A Written Constitution:Since it is an agreement, it must be in the written form so that there are no doubts about the powers and functions of each set of government. A written thing is generally very clear.
2. Rigid Constitution: It means that there should be a definite and difficult method of amending the constitution. In this way it will remain supreme.
3. Sovereignty of the Amending Body:  Since both the federal and the provincial government derive their powers from the constitution, neither can be sovereign. So sovereignty lies with the body which has the power to amend the constitution.

Distribution of Powers

In federalism the powers are divided between the federal and the provincial governments. There is no uniform method for the distribution of powers. The general and the basic principle is that matters of local importance are given to the provinces and that of national importance to the federal government. Besides this there are the following three methods of distribution of powers commonly used in the world today:

1. American Method: Under this method powers of the central government are written down and the remaining powers known as the residuary powers are given to the provinces. The aim behind this method is to keep the center weak and the provinces strong. This method is used in the USA.
2. Canadian Method:This is just opposite of the American method. Under this system the powers of the provinces are written down in the constitution and residuary powers are given to the federal government. The idea is to make the center strong. This method is used in Canada.
3. Indian Method: This method was introduced in India under the Act of 1935. Under this method three lists are drawn. One contains the powers of the federal government called the Federal List. Similarly there is the Provincial List and then there is the third list, which is, called Concurrent List containing the powers, which can be exercised by both the governments. In case of conflict between the federal and provincial law regarding the concurrent subject, the central law will prevail.

Supremacy of Judiciary

Constitution is an important document and the basic law of the country. A federation can remain intact only when the constitution remains inviolable. For this purpose there must be an agency to seek and judge whether or not the two governments have violated the constitution. This agency is called the judiciary. It can perform this function only when it remains supreme. This means that the judiciary has to perform the following function:

1. Whenever there is a dispute regarding any provision of the constitution judiciary has to interpret it.
2. It has the duty to declare any law whether central or provincial as unconstitutional if it is in conflict with the constitution. This is called the power of judicial review.
3. Since the formal method of amending the constitution is normally very difficult, it is the judiciary, which by its liberal interpretation of the provisions of the constitution makes it flexible and workable. This is called the Doctrine of implied powers.

Bicameral Legislature

A federal state has two kinds of governments having different interests and rights. There is, therefore, a need for the protection of these rights and interests. This can be done only when there is a bicameral legislature. The two houses represent the two interests. Normally the Lower House represents the interests of the nation and the upper house represents the interests of the provinces. Normally representation in the Lower House is based on population and for the upper house the principle of parity is followed that is whether a state is small or large it will have equal number of seats. This method is followed in USA and in Pakistan

Meaning and Features Of Federalism: Federalism is a compound form of government where the Government ruling over the people in a country exist in several levels or tiers i.e the federal or chief government, and then regional or state or provincial governments. Some federal States also have another tier called the local or grassroot government.

Each of these levels of government is a unit in its own right, and they exist in parity alongside each other.

Federalism should never be mistaken with confederacy or a confederation, because the levels of government in the latter do not exist in parity. The central government rather draws its powers from the unit or regional government.

Examples of countries that practice federalism include; Nigeria, Russia, India, Canada, Malaysia, Germany, Belgium, Pakistan, etc.

Characteristics or features of federalism

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Table of Content

• 1 Characteristics/Features of Federalism
• 2 Pros and Cons of Practicing Federalism

Characteristics/Features of Federalism

The features of Federalism cuts across several key areas or factors of governance. They include;

1. Power Distribution: In a country practicing Federalism, powers are usually distributed among the federal government and regional or state governments. In some countries such as Nigeria, powers and governmental duties are grouped into three different lists – the Exclusive, the Concurrent and the Residual list. These lists clearly defines the scope and powers and limitations of each level of government.

Meaning and characteristics of federalism

Powers are also shared amongst the arms of government namely; the Executive, the Legislature and the Judiciary. Each has their own specific functions and isn’t constitutionally permitted to encroach into the grounds of the other. They are however empowered by law to carry out checks and balances on each other to prevent or stall governmental excesses.

2. Independent Judiciary: In a federal system of government, the Judiciary must be able to take independent decisions. Their judgements and interpretation of the law should not be influenced by any of the other arms of government.

What are the features of a federal system of government

The main function of the Judiciary is to deliberate over legal issues and questions, and to do so according to the constitution and applicable laws. The true spirit of Federalism can only be retained when the Judiciary is left to independently discharge its duties.

The Judiciary is also expected to step in as peacemaker when there are conflicts between the other two arms of government. I is within the Judiciary’s scope of duties for resolve the issue(s), and bring these arms of government to an agreement.

3. Constitution: The constitution used in any State practicing Federalism has distinct characteristics. Firstly, the constitution has to be written, and on the other hand, it also has to be rigits, as opposed to being flexible. This means thats laws contained the constitution, and indeed the constitution as a whole cannot be amended easily. It has to go through a process of laid-down methods that specifically provides for constitutional amendment. In addition, the constitution can only be amended through this process only if the levels of government first agree. If they don’t agree, or one of them doesn’t, the constitutional amendment cannot take place.

Features of federal system of government

On the former, a constitution is a written one when the supreme laws of the land are contained in one document. Also, the powers of each arm or level of government is clearly defined by it.

Federalism also entails that the constitution should be the highest law of the land, and would be over and above all of the people of that state; both the governed and those governing. As a matter of fact, the constitution creates the office which those who govern the people occupy, as well as defining their powers and limitations. The constitution in this case stipulates or dictates the powers to be held by government and how they are to be distributed.

Federalism is an expression of the sovereignty and supremacy of the constitution.

4. Legislature: The legislative arm in a country practicing Federalism is usually bicameral in nature. This means that such country should have two legislative houses; often the upper and lower house. Some scholars are of the opinion that bicameralism is practiced in federalist states because the two houses would complement each other and also carry out checks and balances on each other in an effort at accountability.

Essentials of a federal system of government

Another group of scholars are of the opinion that the higher house represents the interests of the governing body, while the lower house, usually composed of more members than the higher house, represents the interest of the State or the people.

5. Decentralization: This entails a lot of things, including the arms of government delegating some of their powers and duties to individual and smaller bodies to carry out on their behalf. This practice leads to the diffusion of powers into handleable chunks, and when delegated to the appropriate subordinates, it often makes for efficiency in the business of governance.

Features of a federal government

However, the major meaning of decentralization in a federalist sense is that all powers are not concentrated in one arm or level of government. Powers are shared amongst them instead.

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6. Revenue: Each tier of government should have their own source of revenue, and never totally depend on the other for funds in a state of true Federalism.

Countries practicing federal system of government

For more features of federalism, i enjoin you to watch the YouTube video below. Trust me, you won’t regret it at all.

Pros and Cons of Practicing Federalism

The merits and demerits of Federalism are as follows;

Merits:

First, the government is brought closer to the people, by means of the formation of various levels of government. Each level has a group of people under it that it directly oversees. Those governing are accessible to the people and due to their proximity, understand the plight of the people better than officials from the Federal or Chief government.

Also, a federal state is a fertile ground for different forms of democracy. Democracy has been defined as an inclusive system of governance, and true Federalism also reflects that.

There’s also the reduced likelihood of fraud to occur among the government levels and arms, due to the system of accountability put in place. These arms of government perform checks and balances on themselves and query any questionable discoveries they make.

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Demerits:

Due to the many departments in a federal system, existing as a result of the principle of decentralization, there’s often a delay in processes and red tapism is a common occurrence.

It is also hard to achieve uniformity of policies because all levels of government make decisions for themselves and these decisions often differ from each other.

In addition, it is expected that since states in a federalist country often make and implement different policies, it is likely that there’ll also be economic differences too. One cannot assuredly say that the whole country is this particular economic state or not.

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To maintain the spirit of Federalism in State, one factor is especially pertinent. All levels of government should equally have for themselves similar and a sort of replica of institutions working under it. For instance, as the federal government has its own legislative body, so should the state and local government. Electoral bodies, Revenue collection bodies, ministries and state departments should all be replicated in all levels of government in practice of decentralization for the purpose of efficiency.

Edeh Samuel Chukwuemeka ACMC

Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier.

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