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4th class: Shared Rule: Comparing Different Governmental Systems in Federal States

Prof. Thomas Fleiner*/ Prof. Dr. Lidija R. Basta Fleiner Theories and Praxis on Peace, Federalism, and Human Rights 3 rd Week: Federal Institutional Principles and Designs. 4th class: Shared Rule: Comparing Different Governmental Systems in Federal States. Thomas Fleiner.

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4th class: Shared Rule: Comparing Different Governmental Systems in Federal States

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  1. Prof. Thomas Fleiner*/ Prof. Dr. Lidija R. Basta Fleiner Theories and Praxis on Peace, Federalism, and Human Rights 3 rd Week: Federal Institutional Principles and Designs. 4th class: Shared Rule: Comparing Different Governmental Systems in Federal States Thomas Fleiner

  2. Basic Elements of Federalism Constitution Shared Rule Self Rule

  3. Democratic Governance Federal Governance Good Governance

  4. Principles Democracy Rule of Law Fundamental Rights

  5. Three Governmental Systems: Semipresi- dential Directorial System Westminter Type System Presidential System

  6. United Kingdom Westminster Parliament

  7. Basic Concept of Governmental Systems Head of State Executive Parliament

  8. Head of State Executive Parliament

  9. Head of State Executive Parliament

  10. Crown Lords Commons

  11. Crown Commons Lords

  12. Crown Commons Lords

  13. Westminster Commons Lords Primemisister-Cabinett Crown

  14. Westminster System Head of State Prime-min. Cabinet Intergovernmental Relationship People Judiciary Parliament

  15. Checks and Balances USA Judiciary sovereignty Legislative sovereingty Executive sovereignty Congress Supreme Court House Senat President

  16. USA Competitive Federalism Federation v. States

  17. Federal Government State Government Leg Exe Jud Leg Exe Jud Federal Issues - Citizen - State Issues

  18. One Person One Vote Nation One Canton One Vote Challenge for all Institutions National Council State Council Federal Tribunals Federal Diet Conflict Management Federal Council Lobbies Education (semi-)direct democracy initiative - Referendum Parties

  19. Switzerland Vertical separation Executive Federalism

  20. Federation Implem. Canton Right to vote Implem. Implementaiong Right to vote Implementation Commune Right to vote Implemementation Implementation People and States

  21. States European Union Peoples Council Head of States Parliament President Presi- dent Council of Ministers Commission Foreign Aff. People(‘s?) of the Union?

  22. Forms of Federal Executives and Legislatures in Selected Federations

  23. Variations in Selection, Composition and Powers of Second Chambers S. Watts

  24. Concluding Remarks

  25. Major Issues Democratic participation of the people Participation of federal units and People’s Democratic accountability Horizontal and vertical Checks and Ba- lances / Separation of powers Transparency including participation Rule of Law

  26. Major Challenges Nation and Nation-Building Democratic governance versus Federal governance One or two chambers? Checks and Balances Independence of Judiciary local and federal Parties, Parliament and election

  27. Different Legal Systems Common Law Continental Law

  28. Nation and Legitimacy Authority of the State Federalism and the interest of cultural communities Layers of Government Second Class State Constitution and its Function Constitution Making Limit or empower Government Distribution of Powers legislative vacuum Empowerment of local Government

  29. Legal Systems Judiciary and Administration of Federal Law Unitary or Parallel legal systems Independence of Judiciary Legal Dualism of Civil Law countries Limited Powers of Administrative Courts No writ of mandamus What powers for implementing federal law

  30. Different “federal” solutions With regard to the Judiciary: Structure of the Judiciary: Federal – State Courts (USA) Federalized Judiciary (Switzerland) Centralized Judiciary (Germany) Jurisdiction with regard to federal laws: Constitutional review of cases USA Abstract review (Germany, Spain) Limited jurisdiction (Switzerland) Not to forget: International Jurisdiction namely European Court of Human Rights

  31. Access to Justice Fundamental Right of Federal Constitution Decision of Federal Legislature Decision of local legislature Common law writs Access based on Human Rights Universal Human Rights Different Rights on Federal and Local level? Access by the legislature

  32. Independence of Judiciary Power and Jurisdiction of the Courts Common Law: Power and Jurisdiction of Courts determined by common law Civil Law: Power and Jurisdiction determined By legislation: Federal Legislation only Federal and Local legislation Independence of Judges Federal and local solution for election and re- election of Judges Implementation of verdicts: Common Law: Contempt of Court Civil Law: Implementation by administration

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