Federacy
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A federacy is form of government where one or several substate units enjoys considerably more independence than the majority of the substate units.
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[edit] Description
A federacy is a form of government that shares features of both a federation and unitary state. In a federacy, at least one of the constituent parts of the state is autonomous, while the majority of constituent parts are not or comparatively less autonomous. An example of such an arrangement is Finland, where Åland, which has the status of autonomous province, has considerably more autonomy than other Finnish provinces. The autonomous constituent part enjoys independence as though it was part of federation, while the other constituent parts are as independent as subunits in a unitary state. This autonomy is guaranteed in the country's constitution. The autonomous subunits are often former colonial possessions. These autonomous subunits often have a special status in international relations.
[edit] Federacies
Several states are federacies. The exact autonomy of the subunits differs from country to country.
[edit] Denmark, Greenland and Faroe Islands
Denmark has 13 counties (amter), 2 municipalities and 1 regional municipality. Greenland and the Faroe Islands are also part of the Kingdom, but as separate communities of the Kingdom, enjoy a high degree of autonomy. Some Danish laws have a specific clause stating that the laws do not extend to Greenland and the Faroe Islands Each of them send two representatives to Folketinget (the Danish parliament). Defense and diplomatic affairs are duties of Denmark, but they also participate directly in some Nordic organizations, such as the Nordic Council. Both have chosen not to participate in the European Union. Decisions by the highest courts of Greenland and the Faroe Islands can be appealed to the Danish highest court. Greenland and the Faroe Islands were originally respectively a colonial possession and a dependency; later integral parts of Denmark. The Faroe Islands were granted home rule in 1948 and Greenland followed suit in 1979.
[edit] Finland and Åland
Finland is divided into six provinces. Åland, although one of the six provinces, enjoys a high degree of home rule as opposed to the five in mainland Finland. Extensive autonomy is granted in the Act on the Autonomy of Åland of 1920 (last revised 1991), and the autonomous was affirmed by a League of Nations decision in 1921. The government of Åland handles duties exercised by state provincial offices of the central government in other provinces. It sends one representative to the Finnish parliament. It is demilitarised, and is a member of the Nordic Council. Most of Åland's inhabitants speak Swedish. Åland's autonomous status was a result of disputes between Sweden and Russia, and between Finland and Sweden.
[edit] France and the outre mers
France is divided into 26 régions, 22 of which are in metropolitan France (Corsica, one of the 22 régions, is strictly speaking not a région, but are often counted as such). 4 of the régions are régions d'outre-mer (overseas regions). France also has four collectivités d'outre-mer, one territoire d'outre-mer. All are integral parts of France and subject to French law, but New Caledonia (a collectivité sui generis), and French Polynesia (one of the four collectivités d'outre-mer, but with the designation of pays d'outre-mer) have considerably more autonomy. All (except the uninhabited French Southern and Antarctic Territory) are represented in the French parliament. Defence and diplomatic affairs are responsibilities of France, but they do participate in some organisations directly. Réunion, for example, is a member of the Indian Ocean Commission. In addition, France has the uninhabited Îles Éparses (scattered islands) in the Indian Ocean, and the remote Clipperton Island in the Pacific. French overseas territories were in the past colonial possessions.
[edit] India and Kashmir
India is a democratic federation. After independence, various princely states were formally invited to join the Indian Republic, which were accepted. However the Kashmir province was being ruled by a Hindu ruler but the vast majority of its population was Muslim. Hence the prince agreed to joining the Indian Republic, with an agreement of being given "Autonomy" and a subsequent vote to decide whether Kashmiris wish to stay with India or otherwise.[1]
Currently, Kashmir is a disputed territory, with Pakistan claiming independence for the Kashmiris and India claiming it as part of its country. The military conflict has diminished the autonomy of the region.
[edit] Netherlands, Aruba and Netherlands Antilles
The Kingdom of the Netherlands has three constituent parts - the Netherlands (in Europe), Netherlands Antilles and Aruba. The kingdom is responsible for extradition, diplomatic affairs, citizenship and defence. De jure the council of ministers of the kingdom and the parliament of the kingdom consists out of representatives of all three parts. The council of ministers consists of the council of ministers of the Netherlands, and two ministers plenipotentiary, one nominated by Aruba and the other by the Netherlands Antilles. The legislature of the kingdom consists of the parliament of the Netherlands and representatives of the parliaments of Aruba and the Netherlands Antilles. De facto the cabinet of the Netherlands and the parliament of the Netherlands take care of defence and citizenship with limited participation of politicians of the Netherlands Antilles and Aruba. The Hoge Raad acts as the supreme court in appeals against decisions of the Common Court of Appeals of the Netherlands Antilles and Aruba. Aruba and the Netherlands Antilles used to be colonies of the Netherlands.
[edit] Portugal, Azores and Madeira
Portugal has two autonomous regions, namely Azores and Madeira. Together with the eighteen districts on mainland Portugal they form the Portuguese Republic. The autonmous regions possess their own political and administrative statute and have their own governments. They are represented in the Portuguese parliament, but have no international representation. They are autonomous regions because of their distance from mainland Portugal.
[edit] Tanzania and Zanzibar
Tanzania is divided in 26 regions. Five of those regions together form Zanzibar. This island is a self-governing region. It elects its own president who has control over the internal matters of the island. Zanzibar was an independent sultanate and a British protectorate, while Tanganyika was a German Schutzgebiete until 1919, when it became a British mandate territory. The two were united in 1964, after a popular revolt against the Zanzibari sultan.
[edit] Ukraine and Crimea
The Ukraine is divided in twenty four regions, two municipalities with special legal status, (Kiev and Sevastopol) and one autonomous republic, Crimea. Until 1954 the peninsula of Crimea was a province of the Russian SFSR. It was transferred by Soviet leader Nikita Khrushchev as a gesture to mark the 300th anniversary of the Treaty of Pereyaslav. Its population mainly consists of Russians (58%), Ukrainians (24%) and Crimean Tatars (12%). Despite attempts at Ukrainization the main language is still Russian even for the government. The peninsula also houses the Russian Black Sea Fleet.
[edit] United States and Puerto Rico
The relationship between the United States and Puerto Rico is a federacy.[2] Puerto Rico citizens and United States citizens may freely travel between both countries. Puerto Rico's government is subject to fewer restrictions than states are, and residents of Puerto Rico are exempt from some federal taxes. Puerto Rico's autonomy is guaranteed by the constitution of Puerto Rico, that can only be changed with the consent both the U.S. Congress and the Puerto Rico legislature. Federal taxes do not automatically apply to Puerto Rico unless the Puerto Rican government wants them to. Although the US government has full say over its foreign policy, Puerto Rico does maintain direct contacts with its Caribbean neighbours. There are occasions the U.S. federal courts have taken jurisdiction on cases having to do with Puerto Rican law.
Puerto Rico differs from the aforementioned federacies for three reasons: Puerto Rico is not mentioned in the U.S. constitution; therefore, Puerto Rico does not have voting representation in the U.S. Congress and lacks constitutional guarantees to protect it from the federal government.
[edit] Comparison to other systems of autonomy
[edit] Devolution
A federacy differs from a devolved state, such as the United Kingdom, because, in a devolved state, the central government can revoke the independence of the subunits (Scottish Parliament, Welsh National Assembly, Northern Ireland Assembly in the case of the UK) without changing the constitution.
[edit] Associated States
A federacy also differs from an associated state, such as the Federated States of Micronesia (in free association with the United States) and Cook Islands and Niue (which form part of the Realm of New Zealand) since a state in free association is recognised as independent under international law.
[edit] Crown dependencies
The relation between the Crown dependencies of the Isle of Man and the bailiwicks of Guernsey and Jersey in the Channel Islands and the United Kingdom is very similar to a federate relation: the Islands enjoy considerable independence from the United Kingdom, which only takes care of their foreign relations. However, the islands are neither considered to be part of the United Kingdom nor recognized as independent or associated states.
[edit] Overseas territories
British overseas territories are rested with varying degree of power; some enjoy considerable independence from the United Kingdom, which only takes care of their foreign relations and defence. However, they are neither considered to be part of the United Kingdom, nor recognised as sovereign or associated states.
[edit] Assymmetric federations
In an assymmetric federation one of the substates has more independence than the others. Examples of this are Canada where Quebec has considerable independence where it comes to language and education policies. The difference between an asymmetric federation and federacy is indistinct; a federacy is essentially an extreme case of an asymmetric federation, either due to large differences in the level of autonomy, or the rigidity of the constitutional arrangements.
[edit] Special administrative regions (People's Republic of China)
The People's Republic of China has two special administrative regions, namely Hong Kong and Macau, in an arrangement some may consider as close to a federacy[citation needed]. Under the principle of "One Country, Two Systems", the two territories, as according to their basic laws, enjoy extensive autonomy except in diplomatic affairs and defence, and participate in international organisations as "Hong Kong, China" and "Macau, China". Both are presented by deputies in the National People's Congress (NPC), who are selected by a commmittee appointed by the Standing Committee of the National People's Congress (NPCSC). Each has its own court of last resort, extradition policies, immigration and border control, and currency, and forms its own customs territory. Laws of the People's Republic of China do not apply in Hong Kong or Macau unless otherwise stated in Annex III of the Basic Law of the territory concerned. Hong Kong and Macau were colonial possessions of, respectively, the United Kingdom and Portugal.
[edit] Notes
- ^ Elazar, D.J. Federal Systems of the World: A Handbook of Federal, Confederal and Autonomy Arrangements (1991) Essex, p.395
- ^ Elazar, D.J. Federal Systems of the World: A Handbook of Federal, Confederal and Autonomy Arrangements (1991) Essex, p.326
[edit] References
- Elazar, D.J. Federal Systems of the World: A Handbook of Federal, Confederal and Autonomy Arrangements (1991) Essex
