Understanding the Federal State: Origins, Concepts, and Structure
The Federal State
Origin and Concept
The federal state first appeared with the U.S. Constitution in 1787. Until then, there were only two types of states: the unitary state and the confederacy. The federal state is an intermediate form between the two. Later, the federal model was extended to Latin American states (Mexico, Argentina, Brazil), Switzerland (1848), and Germany (1871).
Historically, the federal government can arise in two ways:
- As a result of a legal and political relationship between previously independent states (e.g., USA, Switzerland).
- As a result of a new constitutional structure of a former unitary state (e.g., USSR, Mexico).
The German doctrine distinguishes between two concepts: the Confederation (STAATENBUND) and the Federal State (BUNDESTAAT).
The federal government addresses several needs:
- It makes it possible to organize a rational policy for large areas under the assumption of equality between the component parts.
- It addresses the need for integration of autonomous units into a larger unit. The federal state is particularly suited to safeguard the existence of cultural nations within a nation-state or political organization.
As a concept, it could be defined as the coexistence of several states (federal states) within another state that includes them (the Federal State).
Assumptions of its Existence
The federal state achieves a characteristic type of unity: it is a dialectical unity resulting from the interaction of two contradictory or opposing trends: the tendency towards unity and the tendency towards diversity. There are two types of factors that act as alleged conditions for the existence of the federal state:
- Cohesion factors: geographical factors such as spatial contiguity, which produces a sense of belonging; military insecurity, which causes the need for common defense against outsiders; economic and trade benefits; homogeneity of the social structure and ways of life; and the similarity of political institutions (a similar form of government).
- Particularism factors: prior existence of parties as independent political units, either as states or as colonies; divergence of economic interests.
Therefore, the federal state is based on a harmonization of the tendency to unity and the tendency to diversity.
Legal Aspects
Originally, it was understood as a hybrid between a confederation and a unitary state. However, there is a problem regarding sovereignty:
“For now, the Federal State raised the issue of how can the same territory and a population might exist and, therefore, exercise its rule, a plurality of States” (García Pelayo).
Various theories address this issue.
Structure of the Federal State
The federal state has the following characteristics:
- Duplication of constitutional and legal frameworks. There are two constitutional orders: the Constitution of the Federation and the constitutions of all Member States. The federal Constitution formalizes the covenant of creation and establishes the principles that the Member States must follow. Each Member State’s Constitution is developed by its own legal system.
- A system of legal relations between the Federation and Member States. According to Garcia Pelayo, these are of three types:
- Coordination: cases in which there is a certain position of equality between the Federation and the Member States (division of powers, division of political order).
- From above and subordination: the relationship of the supremacy of the Federation over the member states.
- Of inordinación: cases in which there is an involvement of Member States in all activities of the Federation.
Apart from distribution lists of skills, it is normal that there are some which are attributed to the Federation’s international relations (foreign policy), military issues (national defense and military organization), economic unit (monetary system, customs regulations, external trade).
- Duplication of Chambers. One represents the entire Federation, irrespective of Member States, and the other represents the Federated States as such. For example, in the U.S.: Congress, Senate; in Germany: Bundestag, Bundesrat.