Federalism
Tutorial
By: Sultan Kassim
Haramaya University
College of Law
February, 2013
, Introduction to Federalism
• The Federal Idea
• Derives from the latin words foedus and fides
• foedus: covenant, contract or bargain
• fides: faith and trust
• Has to do with the need of people and polities to unite for com
purposes yet remain separate to preserve their respective
integrities.
• “Federal principles are concerned with the combination of self-
and shared rule.” ( Daniel J. Elazar,1987)
,• Federalism Unity and Diversity
• In Federalism is a mistake to present unity and diversity as
opposites.
• Unity should be contrasted with disunity and diversity with
homogeneity.
• Homogeneity does not always promote unity.
• Federalism VS. Decentralization
• Federalism is not mere decentralisation but a contractual
non centralization.
• Non centralization is not the same as decentralization.
• Decentralization implies:
– Existence of a central authority
– The diffusion of power is actually a matter of grace, not right.
• In a non centralized political system, power is so diffused
that it cannot be legitimately centralized or concentrated
without breaking the structure and spirit of the constitution
, • Federalism as Structure and Process
Earlier Federalism considered as matter of
Structural arrangements
• Assumption: the introduction of a proper
federal structure would create a functioning
federal system.
• Many polities with federal structures were not
truly federal in practice.
• Federalism is as much a matter of process as
of structure.
Tutorial
By: Sultan Kassim
Haramaya University
College of Law
February, 2013
, Introduction to Federalism
• The Federal Idea
• Derives from the latin words foedus and fides
• foedus: covenant, contract or bargain
• fides: faith and trust
• Has to do with the need of people and polities to unite for com
purposes yet remain separate to preserve their respective
integrities.
• “Federal principles are concerned with the combination of self-
and shared rule.” ( Daniel J. Elazar,1987)
,• Federalism Unity and Diversity
• In Federalism is a mistake to present unity and diversity as
opposites.
• Unity should be contrasted with disunity and diversity with
homogeneity.
• Homogeneity does not always promote unity.
• Federalism VS. Decentralization
• Federalism is not mere decentralisation but a contractual
non centralization.
• Non centralization is not the same as decentralization.
• Decentralization implies:
– Existence of a central authority
– The diffusion of power is actually a matter of grace, not right.
• In a non centralized political system, power is so diffused
that it cannot be legitimately centralized or concentrated
without breaking the structure and spirit of the constitution
, • Federalism as Structure and Process
Earlier Federalism considered as matter of
Structural arrangements
• Assumption: the introduction of a proper
federal structure would create a functioning
federal system.
• Many polities with federal structures were not
truly federal in practice.
• Federalism is as much a matter of process as
of structure.
