Fourth and Fifth Class Self - Rule
description
Transcript of Fourth and Fifth Class Self - Rule
Fourth and Fifth ClassSelf - Rule
Fourth Class:Concepts of Distribution of
Powers
Shared Rule Self RuleC
on
stitutio
n
Basic Elements of Federalism
Main Questions:
Purpose of Distribution
Who decides?
Technique of Distribution
Criteria‘s
What is distributed
Distribution to - Whom? - What entities? - Border-lines?
Asymmetric Distribution
Who decides
Constitution maker
Federal Legislature
Both
Court (US, EU)
Common Law: Family Law, Property Law, Contract, Criminal Law, Procedure, commercial law etc.
Purpose of Distributionand Criteria’s
LegitimacyDiversity
Efficiency
Democracy
Justice
Financial CapacityNeed for Coordination
Interest of the task limited to the region
Need for a uniform solution
Closeness to local population
Subsidiary Principle
Commerce Clause
Necessary and Proper Clause
Purpose Criteria’s Principles
Fifth Class:What powers are
Distributed?
What is distributed
Branches ofGovernment
Constitution MakingLegislationExecutionJudiciary
FinancialCompetences
Income:Taxes, Grants,Bonds, Loans
Expenditures
FinancialEqualisation
GovernmentalTasks
Foreign PolicyIncl. Defence
PoliceEducation, Cul-tureHealth, EnvironmentEconomy andDevelopment
Mineral Resource, Water etc.Public Services
Civil Law Common Law
Individual / col-lective rights
CommonLaw, Codi-fication
Spending PowerOpting out local
deviationSocial Secu-ity
Techniques of Distribution
Exclusive
Parallel
Concurrent
General Clauses
Detailed Regulations
Concept Technique
Bottom up
Top Down
Parallel Distribution
Supremacy