2nd Class:Different Historical Developments of

Federal States

Thomas Fleiner

Prof. Thomas Fleiner*/ Prof. Dr. Lidija R. Basta Fleiner

Theories and Praxis on Peace, Federalism, and Human Rights

Third Week: Federal InstitutionsPrinciples and Designs..

Different Periods in History:

Old Confederations: GreeceGenghis Khan

Federal Concepts in feudal SocietiesEuropean FeudalismOttoman Milet SystemEthiopia

Middle AgesSwiss Confederation

The American RevolutionConfederation - Federation

The Swiss ConstitutionAmerican, French Influence

Foundation of the ModernState

The German Empire ConstitutionSecond Chamber

Austria

Latin AmericaLatin America (Spanish and Portuguese Empire) (Spanish and Portuguese Empire)

MexicoMexico Columbia (failed)Columbia (failed) VenezuelaVenezuela BrazilBrazil ArgentinaArgentina

British Empire:

Canada

Australia

India

Pakistan

Nigeria

Malaysia

St. Kitts and Nevis (1983)St. Kitts and Nevis (1983)

French EmpireFrench Empire

Union of Comoro Islands (2001)Union of Comoro Islands (2001)

Ottoman Empire:

Arab Emirates

IraqIraq

Development after World War IIPeace and Conflict - Transformation:

South Africa

Ethiopia

Sudan

BelgiumBelgium

Spain (1978)Spain (1978)

Micronesia (1979)Micronesia (1979)

European Union (1950ies, MaastrichtEuropean Union (1950ies, MaastrichtLisbon 2009)Lisbon 2009)

IraqIraq

Soviet Empire

Czechoslovakia

Bosnia Herzegovina

Russia

YugoslaviaSerbia Montenegro

Macedonia

Kosovo

International Influence:

Bosnia-Herzegovina, Serbia MontenegroIraq, Sudan

Newly envisaged federal countries?Nepal, Philippines, Indonesia, CyprusSri Lanka, Sudan (North / South)

New Regionalization in EuropeNew Regionalization in Europe

Devolution in the UKDevolution in the UK

ItalyItaly

FranceFrance

International Influence: Legitimacy

Important Differences:

Bottom up – Top down

Common Law – Continental Law

Asymmetric Federalism

Ethnic Federalism

Federation – Confederation –Supranational Organization

Administrative – Competitive

Personal Territorial Federalism

Federalism and:

SovereigntyConstitutionalismSeparation of PowersJudiciary and Rule of Law

Democracy

National and internationalRegionalism

Human Rights

International Law

Legitimacy

Subsidarity

Preambles of ModernPreambles of ModernConstitutionsConstitutions

Switzerland

Spain

We the Swiss People and Cantons… are determined to live our diver-

sity in unity respecting one another;..Art. 2 Purpose

It (Switzerland) shall promote ..the cultural diversity of the country

The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards, and recognizes and guarantees the right to autonomy

of the nationalities and regions

Germany

Belgium

the German People have adopted, by virtue of their constituent

power, this Constitution.

Belgium is made up of three Communities: the French Community, the Flemish

Community, and the German-speaking Community.

EthiopiaEthiopia

We, the nations, nationalities and Peoples of We, the nations, nationalities and Peoples of Ethiopia…Ethiopia…

Recognising that our common destiny needs Recognising that our common destiny needs to be based upon the rectification of to be based upon the rectification of historically distorted relationships and historically distorted relationships and promoting common interests; promoting common interests;

Convinced of the necessity of building a Convinced of the necessity of building a single economic community so as to single economic community so as to promote our common rights, freedoms and promote our common rights, freedoms and interests; ….interests; ….

Turkey

Croatiaof one's own state, based on the Croatian nation's historical right to full sovereignty,

The recognition that all Turkish citizens are united in national honour and pride, in national joy and grief, in their rights

and duties towards their existence as a nation, in blessings and in burdens,and in every manifestation of national

life, and that they have the right to demand a peaceful life based on absolute

respect for one another's rights and freedoms, mutual love and fellowship,

and the desire for, and belief, in "Peace at home, peace in the world

Serbia

PREAMBLE: CONSCIOUS OF THE STATE TRA-DITION OF THE SERBIAN PEOPLE AND DETERMINED TO ESTABLISH THE EQUALITY OF ALL THE PEOP-LES LIVING IN SERBIA, THE CITI-ZENS OF SERBIA, AS PART OF THE EUROPEAN FAMILY OF NA-

TIONS, AND WITH A PLEDGE FOR MODERN DEMOCRATIC STATE BASED ON PEACE, TOLERANCE, RESPECT FOR HUMAN RIGHTS AND FREEDOMS, ON THE RULE OF LAW AND SOCIAL JUSTICE,

Persons belonging to a national minority shall have special rights which they

exercise individually or in community with others.

WE, THE MEMBERS OF THE HUNGARIAN NATION, at the beginning of the new millennium, with a sense of responsibility for every Hungarian, hereby proclaim the following: We are proud that our king Saint Stephen built the Hungarian State on solid ground and made our country a part of Christian Europe one thousand years ago….The nationalities living with us form part of the Hungarian political community and are constituent parts of the State.We commit to promoting and safeguarding our heritage, our unique language, Hungarian culture, the languages and cultures of nationalities living in Hungary, along with all man-made and natural assets of the Carpathian Basin.

Russia

Bosnia

Bosniacs, Croats, and Serbs, as constituent peoples (along with Others), and citizens of Bosnia

and Herzegovina hereby determi-ne that the Constitution of Bosnia and

Herzegovina is as follows:

We, the multinational people* of the Russian Federation, united by a common destiny on our land,

EuropeanUnion

DETERMINED to lay the founda-tions of an ever closer union

among the PEOPLE‘S of Europe,

RESOLVED to establish a citizenship common to nationals of their countries,

RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible

to the citizen in accordance with the principleof subsidiarity, (Consolidat.Treaties)

This Treaty marks a new stage in the process of creating an ever closer union among

the peoples of Europe, in which decisions aretaken as openly as possible and as closely

as possible to the citizen.

Treaty EU Common Provisions Art. 2— to strengthen the protection of the rights and interests of the nationals of its Member

States through the introduction of a citizenship of the Union;

Article 17 (ex Article 8)1. Citizenship of the Union is hereby establi-shed. Every person holding the nationality of a Member State shall be a citizen of the

Union. Citizenship of the Union shall comple-ment and not replace national citizenship.

2. Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject

to the duties imposed thereby.

Preamble of the Consolidated Version of theTreaty of the European UnionDRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law, …DESIRING to deepen the solidarity between their peoples while respecting their history, their cultureand their traditions,…RESOLVED to establish a citizenship common to nationals of their countries,..RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, inwhich decisions are taken as closely as possible to the citizen in accordance with the principle ofsubsidiarity,