The Constitution

Federalism: Introduction

Federalism is the name given to the form of government that unites separate political entities/states within a single national system, but which allows each political entity/state to retain a degree of independence. In a federation, the self-governing status of the component regions is constitutionally entrenched and may not be altered by a unilateral decision of the central government.

Federations are often founded on an original agreement between a number of sovereign states or former colonies. The component states of a federation usually do not have the right to secede unilaterally. Important modern federations include Australia, Brazil, Canada, Germany, India, Russia and the United States. The form of government or constitutional structure found in a federation is known as federalism.

In a federation, the component states are regarded as in some sense sovereign, in so far as certain powers are reserved to them that may not be exercised by the central government. However a federation is more than a mere loose alliance of independent states. The component states of a federation usually have ceded their foreign policy powers to the national government and so possess no independent status under international law.

Federations usually exhibit a single, two-tier structure of government across an entire jurisdiction. Exceptions may occur in which certain parts of the federation are under more direct control of the federal government, as is the case with the autonomous territories of Canada and Australia, with Union Territories in India and with the United States District of Columbia.

A federation often emerges from an initial agreement between a number of separate states to come together in order to solve mutual problems, or provide for mutual defence. This was the case with the United States, Switzerland, Canada and Australia.

Division of Powers

In a federation, the division of power between federal and regional governments is usually outlined in the constitution. It is in this way that the right to self-government of the component states is usually constitutionally entrenched. Component states often also possess their own constitutions which they may amend as they see fit, although in the event of conflict the federal constitution usually takes precedence.

In almost all federations the central government enjoys the powers of foreign policy and national defence. Were this not the case a federation would not be a single sovereign state. Beyond this the precise division of power varies from one nation to another.

Canada is a federation of ten provinces and three federally administered territories initially constituted through the British North America Act (BNAA). This section will explore in greater detail the evolution and workings of Canadian federalism. It will also look at the advantages and disadvantages of the Canadian federal system, as well as key issues that have emerged and that pose a significant challenge to Canada's federal system.

• Canadian Federalism
• Advantages and Disadvantages of Federalism

---

Related Links

• Federalism
• The Foundations of Canadian Federalism
• Federalism-e: Canada's Undergraduate Federalism Journal