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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Distribution of Powers in Federal Systems

Peter Bussjaeger, Mirella Johler

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 September 2019

Subject(s):
Delegated powers — State sovereignty and states' rights — Political philosophy of federalism — Types of federalism

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. Federalism ( federalism ) merges formerly separate units into a new state, and/or rearranges a previously unitary country, or even mingles both processes ( Anderson 7 ; Kincaid, ‘Introduction’ 11 ). Thus, federations must divide legislative, administrative, and judicial powers ( Folz 647 ). The use of constitutional provisions, which divide (legislative and administrative) competences and assign them to different levels of governments, should thereby secure subnational autonomy ( Elazar 205 ). 2. According to Watts ( Watts (2008) 84 ), historic evolution may...
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