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Canada (511,260)
POL354Y5 (11)
Schwartz (11)
Lecture

FEDERALISM

11 Pages
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Department
Political Science
Course Code
POL354Y5
Professor
Schwartz

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FEDERALISM & DEMOCRACY Balanced / Appropriate Division of Powers Among: Central Government Regional Governments Joint / Concurrent Division of Powers: Constitutionally Entrenched Clearly Delineated (Each Jurisdiction + Residual Powers) Accepted As Legitimate By Major Actors / Units Agreement on Equality of Components (Symmetry) or Differential Status & Powers (Asymmetry) Principles & Procedures for Changing Constitutional Distribution of Powers (Amendments) Principles & Procedures for Resolving Constitutional Conflicts Independent Forum for Arbitrating Disputes (Constitutional / Supreme Court) Representation of Regions at Center FEDERAL STRUCTURE OF SOVIET UNION I. CONSTITUTIONALLY IDENTIFIED COMPONENTS:  UNION OF SOVIET SOCIALIST REPUBLICS  UNION REPUBLICS (15 Ethnonational Territorial Units)  AUTONOMOUS SOVIET SOCIALIST REPUBLICS: 20 (16 in Russian SFSR; 1 in Uzbek SSR; 2 in Georgian SSR; 1 in Azerbaijan SSR)  AUTONOMOUS REGIONS: 8 (5 in Russian SFSR; 1 in  Georgian SSR; 1 in Azerbaijan SSR; 1 in Tajik SSR) II. ADMINISTRATIVE COMPONENTS  AUTONOMOUS AREAS  PROVINCES (OBLASTS)  CITIES  DISTRICTS (RAIONS) FEDERALISM IN THE SOVIET UNION Soviet Legacy:  Ethno-territorial, multi-tiered federal structure;  Gaps between theory / constitution and practice of federalism: apparent centralization; non-transparent decentralization;  Lack of institutionalized links & trust between center & regions;  Soviet Union dismantled along ethno-territorial lines. Gorbachev:  Ignores need to deal with renewed federalism until 1989-1990;  1989-1990: Rejects secession but puts in place law on secession;  ‘Parade of Sovereignties’  Fall 1990 initiates process to renew federalism by drawing up a new Treaty of Union: o Three drafts of new Treaty of Union. o Third Draft effectively calls for a confederation and triggers conservative coup August 1991 FEDERAL STRUCTURE OF RUSSIAN FEDERATION 1993 RUSSIAN REPUBLIC REPUBLICS: 21 (ETHNONATIONAL UNITS) TERRITORIES (KRAIS): 6 PROVINCES (OBLASTS): 49 FEDERAL CITIES: 2 (Moscow, St. Petersburg) AUTONOMOUS PROVINCE (OBLAST): 1 (Jewish) AUTONOMOUS REGIONS (OKRUGS): 10 Eltsin: Developments in Eltsin’s policies on federalism  1990-1991: o RSFSR Declaration of ‘sovereignty’ June 1990 o Calls for decentralization of Soviet Union & ‘take all sovereignty you can digest’ to regions in Russian Republic;  1992: Federation Treaty  1993: Constitution  1994 -1999: Bilateral Treaties between Moscow and regions (asymmetric federalism); Results:  Asymmetric federalism based on bilateral agreements, political expediency, personal relations;  Confusion over jurisdictions;  ‘War of Laws’: federal authority & Constitution flaunted;  Military action to prevent Chechen secession;  High levels of autonomy for regional governors (authoritarian). Putin: Principles  ‘A unified constitutional / legal space in RF’;  Construction of ‘power vertical’ centered in Presidency. Goals:  Increased central control over federal agencies in regions;  Bring regional laws into compliance with federal legislation & Constitution;  Exert central control over regional executives;  Greater central control over resources, taxes, regional income redistribution. Instruments Utilized by Putin: Constitutional powers of President:  Article 90: President has powers to enact decrees & orders on any subject not otherwise prohibited by or contradicting Constitution &/or federal law.  Art 85#2: Feder
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