Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Segado Francisco Fernández
    Il federalismo in America latina
    in Italian Papers on Federalism , n. 1/2013 ,  2013
    The study intends to evaluate the federal state model in Argentina, Brazil, Mexico and Venezuela to verify if and to what extent there is a South American federalism with its own specific characteristics. In analyzing the issue, account must be kept of two factors: the influence that US constitutionalism has on those Countries and the impact of the territorial structure established by Spain in the South-american colonies. Of great importance are also the historic and political events experienced by those States, that were such as to seriously undermine the federal model in those territories and, in certain cases, reduce it to a mere pretence. Among the most important elements, the Author recalls: the endemic constitutional instability (Venezuela), the hyper Presidential rule, the militarization of the political regime in Brazil, the party system (which lacked any sensitivity towards the federal principle), the considerable democratic deficit (in contradiction with the close connection between democracy and federalism) and the praxis of making constant and widespread use of federal intervention. Against the background of all of these elements, the study inquires into the characteristics of the federal state model, drawing attention to the different shades and declensions that they have had in the context of each of the countries taken into account. The subjects of the investigation are, in particular, the existence of an entrenched federal Constitution and the participation of member States in the procedure of constitutional reforms; the principle of autonomy, that should distinguish the relationship between national and local governmental units; the presence of organisms and procedures that have the function of conflict settlement between the Federation and the Member States, guaranteeing, at the same time, supremacy of the federal constitution; the participation of member States in federal decision-making, through the Second Chambers; the constitutional distribution of competences between the Federation and member States, as well as the the existence of an “administrative federalism”; financial compensation and, finally, federal intervention. The picture that emerges from the investigation is variegated and composite, and the Author specifically underlines the cases where the peculiar characteristics of the federal state model have been considerably attenuated (and, in some cases actually abolished) thus reducing the term 'federal state' to an empty definition. The last section of the study, dedicated to the prospects of federalism in South America, shows that things have started to change even though until now Central Government has prevailed in the conflict of power between the latter and the member States. Although it is difficult to make forecasts as to future developments in these Countries, the Author highlights a positive element namely that there continues to be support for the federal principle understood as “political and constitutional dogma” and as being synonymous with constitutional guarantees.
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