A type of government which allows the sharing of powers between two or more levels of government is called federal system of government.
Federalism is one of the systems of government which came to stay as the society became so large to handle. As a type of government, it has its own peculiar features which is one of the reasons different countries of the world have adopted it.
In this article, we shall examine the meaning, features, advantages, disadvantages and the workings of Federal constitution.
Federalism is a type of government which shares powers between the central government and the subordinating units. The subordinating units include the state and local governments.
A federal state adopts a federal constitution which allows her (the country) to run its affairs accordingly. The Constitution now creates the levels of government and also shares their different functions to them according to their capacities. None of the levels of government acts beyond its powers. And wherever there’s a dispute between the levels of government, the Constitution steps in to settle it. (I treated the workings of the federal Constitution below. Scroll down and read it)
Where the law of the State government and the law made by the federal government conflicts, that of the federal government prevails.
Important: The State House of Assembly makes law at the state level. Law made by it is called “law of the state”. The National Assembly makes laws at the federal level. Laws made by them are called “Act of parliament”.
Federal system of government observes hierarchy of government. In other words, it recognizes the different levels of government and also treats them differently. However, it all happens according to how the Constitution wants it.
As it shares powers to the tiers of government, it also regulates it using the arms of government.
Features of Federal System of government
The major feature of Federalism is that it shares powers between the levels of government.
There are two or more levels of government.
It regulates the powers of the government using the Constitution and the arms of government.
It is the best form of government in a heterogeneous state. That is, a state with lingual, culture and socio-economic differences.
It allows representatives to stand in for the people at different levels of government. It, in some cases, recognizes government at the grassroots. In other words, it allows those in the villages, interior part of a country to participate in the decision making of the country through representatives.
Federalism allows equality in a multi- ethnic society. It allows the interest of both the minor and major ethnic groups to be represented. That is why in the National Assembly we have the majority leader and the minority leader.
Factors that necessitate federalism
These are some factors or reasons why a country may like to adopt a federal system of government.
A number of small weak nations may agree to pull their forces together to protect themselves against any form of external aggression from more powerful States. For instance, some weak States came together to form a country which we know today as the United States of America.
Fear of domination
In a country where there are multiple ethnic groups, there is need for federalism. The need for federalism mostly arises when the minor ethnic groups may start being afraid of the major ones dominating them. So, to alleviate such fear, there is need to give them sense of belonging by representing their interest in the government.
Existence of diversities
If the people of the component parts are diverse in culture, language and religion, a federation will be the best form of government. Federation will adequately cater for the needs of the diversities.
Another reason is the economic reason. Different States, especially the big states, have some economic advantages over the small ones. So, the small states will come together to form a federation in order to boost their economy.
Type of constitution in a federal system of government and how it works
The type of constitution used in a Federalism is the federal constitution. It plays a very important role. It is the Constitution that shares power between the federal government and the state governments. The Constitution shows clearly, the subjects in which the federal government can exercise powers on. In the same way, it also states the subjects on which the State government can exercise powers. The Constitution also indicates the subjects on which both the federal and state governments can exercise powers.
The powers of the federal government are contained in the exclusive list. The Powers of the State government are in the residual list. While that of both federal and state governments are in the concurrent list.
The Constitution regulates the relationship between the levels of government. None can interfere in the functions of the other. In the same way, none can over exercise its powers.
Another important characteristic of the federal constitution is that it is usually supreme. In that, no citizen is above it. Everybody, including the Executive, Legislature and Judiciary are under it. It punishes any arm of government which breaks the law.
In addition, it is above all other subsidiary laws. All other laws in the country are and must be in line with the Constitution. All company laws, organizational laws, laws of corporations and the rest must be in line with the Constitution. Any law which is inconsistent to the Constitution shall be void to the extent of its inconsistency.
The supremacy of the Constitution comes to manifestation through the Judicial arm of government. The Judiciary interprets the law, validates or invalidates all other laws.
Advantages of Federalism
These are the pros of Federalism. They include the following:
Lack of fear of domination
Awareness of rights and duties by citizens.
We shall briefly explain each of the advantages.
Despite the great diversity that may exist in a State, it tries to unify all them. It makes them see themselves as one nation and people. That is why countries like India, Nigeria and USA maintain peace within themselves amidst of the diversities.
Diversities are majorly in terms of religion, culture and language. By adopting the federal type of constitution, they’re able to stand as one entity.
Minority groups are free from domination
Ones a federation is formed, no ethnic group can dominate another. In other words, no ethnic group can take over the land and rights of another.
States can be created for the minority group which allows them to enjoy autonomy. Once there is autonomy, they can run their own affairs.
Since governance involves different ways bodies like the arms of government, there will be efficiency in governance. The federal constitution establishes different bodies and agents of government. In the same way, it gave them different functions. All these functions are just for one purpose, which is to achieve good governance.
Healthy competition among the states
Since there is existence of different states, there will be competition as to who develops better. There will also be competition in production level. And in all, it brings healthy economic condition in a country.
Awareness of rights and duties
There are more participants in the art of governing in a federation. This makes the people aware of their duties and rights.
Due to the levels of government which forms a federation, it becomes expensive to run. All the levels of government need fund to maintain itself. So, it will now cause the federal government to share any revenue they generate to ensure efficiency.
Uncertain method of revenue sharing
A federation usually have problem in sharing of revenue among the component states. If revenue is allocated on the basis of derivation, some states may have too much at the expense of others. On the other hand, if it is on the basis of equality and population the exercise will be very unfair to the major yielding States. This has actually been one of the major problems in Nigeria.
The citizens’ first loyalty tends to be for their States of origin instead of the country as a whole.
Federal Constitution is always hard to amend. It does not have a simple law making process. So, it requires rigorous steps for any changes or new thing to be introduced into the Constitution.
It usually needs the agreement if two-thirds of the Legislature of each state before certain amendments can be made.