Intergovernmental Relation for Role of Federalism in Bridging

Question: Discuss about theIntergovernmental Relation for Role of Federalism in Bridging. Answer: Federalism and sovereignty are two different terms of the government that states about two different features. In federalism, the powers of the government are divided between the central and regional governments. Regional government means the provincial or state government (McMillan, 2016). However, both the powers are diverted in a single political structure. On the other hand, in sovereignty, there is no scope of power division. In this case, all the powers are imposed on a singular hand and there is no existence of other political or provincial government. Therefore, it can be stated that two different approaches are made through federalism and sovereignty. However, question arises whether federalism plays any role in case of acting as a medium in between multiple sovereignties or not. Further, the process of federalism where it has resolved the dispute if arises in between the sovereign states has also been discussed. According to certain critiques of sovereign principle including Eccleston, the origin of the principle has derived from federalism (Eccleston, Krever Mellor, 2017). A close interpretation of the power politics of the world, it can be proved that the powers are basically divided in between the different states of a country and other governmental rules are derived from this theory. According to the critiques, power cannot be confined in a single hand and there are certain problems arise due to this. According to Brenan, the rule of sovereignty gives birth of autocracy and in this system, there is no place for democracy (Brennan, 2016). The government becomes biased due to the same and in most of the cases; it has been obse rved that a sovereign government has failed to perform their duties in a clear way. According to certain scholars, if the states are getting separate power and they can enjoy those separately, problem can be raised regarding the same (Shattuck, Schiavoni VanGelder, 2015). However, in federalism, all the rules are maintained by the constitution. Therefore, in case of any dispute, all the problems are resolved on the basis of federal policies and the interest of all the states are protected. In case to understand the implication of federal theory on the sovereign government, it is required to go beyond the logical incompatibility and the reflection of the theories on the fundamental intuition of political reality should be discussed. Sir Thomas Hobbes was a supporter of the droit politique which means a system where certain legal situation established that made a connection in between the politics and public law. According to the supporters of the sovereignty, all the powers should be laid down under a single hand because there should be no difference in between the public law and private law (Eccleston, Krever Mellor, 2017). According to the political mentality of Hobbes, distinction of powers gives birth to confusion. One authority should capture the power and all kinds of properties are derived from one single source. Hobbes had no faith on the state power as according to him, division of power may produce radical uncertainty. In his book, Hobbes had authored that er uption of commonwealth system forms democratic rules (Williams, 2015). The German reigns are considered as the most significant example of the federalism theory. One of the most reputed people in case of this subject was Georg Jellinek who was a core supporter of the sovereign theory. Different strategies have been adopted in case of federalism. According to this system, the locus of power should be divided into several constitutional actors and certain impacts of this theory have been observed on the constitution of political system (Hueglin Fenna, 2015). According to Montesquieu, delegation of power causes republican rule in a state. According to the supporters of this theory, federalism provides opportunities to the regional state to enjoy their power under the supervision of a central power. According to Rousseau, federalism is neither political nor constitutional principle. It is a concern that provides power to the subordinate authorities so that they can enjoy the monarchial facilities to certain extent. An article regarding the relation in between the federalism and sovereignty has been published in the Yale Law Journal, where it has been demanded that the real sovereignty can be observed in the States of America. According to this Article, the powers of the government in case of sovereignty should be limited in nature (Mulgan, 2017). According to the martial language, a sovereign government should have to look whether any encroachment in the constitutional rights has been made or not. According to the author of the Article, no sovereign power can enjoy the immunity by made a breach regarding the constitutional rights. He has been quoted the fact as under: Guided by emerging principles of agency law and organization theory, the Federalists consciously designed a dual-agency governance structure in which each set of government agents would have incentives to monitor and enforce the other's compliance with the corporate charter. Constitutional powers are playing an important part in both of the cases. It is a well-known fact that a sovereign government could not make any violation regarding the constitution. They have to ensure the rights of the individuals and they could not deny the rights of an individual. There is a probability that in this case, the sovereign character will be diminished and the principle of autocracy will be raised (Tilly, 2017). An intention of the sovereign people can be observed when a requirement has been made regarding the constitutional grounds. In United States, the people are intended to protect the principle of sovereignty and save the people from being victimized by other governmental act. In Australia, the term federalism denotes a theory that is particularly based on constitution. According to former chief justice of Australia Robert French, federalism is a system where different political communities are united within the same territory (Shattuck, Schiavoni VanGelder, 201 5). Certain problems are cropped up when the federal system and sovereign system come face to face as both the political system have certain contradictory features. In the words of Suri Ratnapala (2012), the concept of federalism is deeply rooted in the concept of liberal peace. This statement reflects the Immanuel Kants concept of Foedus Pacificum. According to Auer, the federal constitutions are allowing the sovereign powers to conjoin together with the intention to concoct sub-national politics. One of the most positive aspect of this system is that in sovereign system, the government are not readily accept other rule except their own and certain kinds of parochialism can be occurred in it. According to Brian Galligan, the global environment regarding the governmental system has been changed and interdependency among the government could raise the voice for the federal system. In sovereign system, the provisions of the constitution only restrict the governments and they are not r estricted by any other political medium (Arends, 2017). This system could not be observed in the federal system. However, it can be stated that constitution plays an essential role in both the political system and federal government reflects the rules of integral constitutional ethics. Therefore, it can be stated that federal system helps the sovereign government to manage the governmental policies effectively. In federalism, a proper context of democracy can be observed. The power division feature of the federal system allows different norms from different classes of government within a single political submission. The word multiple sovereignties denote a system where the people from different region believe on their self-governmental rules and they are enjoying the power under the supervision of one central government (Ward, 2016). A federal government is working through the rules consist in the constitution and that rule could not be changed through normal procedure. A division of power can be observed in federalism due to certain reasons. It has been observed that the central and the regional governments are working together and they are enjoying their power independently (Martin, 2016). The process of federalism works as a constitutional process that establishes the unity in diversity. Here the word diversity includes multiple sovereign powers. A close study of the global political sys tem reveals that most of the countries are following the system of federalism and a mass increment in the political arena has been observed due to the same. Through the concept of federalism, the mutual bitterness and hostility can be resolved. The theory of federalism is based on the principle of political unification and integration. During the medieval period, federalism helps to develop the contractual relations between the parties without encroaching their political rights. The theory has modernized during the period of nationalism. Hugo Grotius was one of the chief speakers at that time. The concept that federalism helps to mitigate the political spur between different sovereigns had been derived its origin from the thoughts of Johannes Althusis. Federalism tends to establish the rules of social equality and the political and economical diversities among the states are forbidden in this system (Cohen, 2016). Coordination between several governments can be observed under this t heory and the powers are divided in between the sovereigns fairly. All the rules related to the federal government are based on the constitution and constitution provides substantial powers to the central and the provincial governments. Therefore, it can be stated that the federal system works as a communication medium in between several sovereigns. According to C.J. Friedrich, federal government allows the sovereign groups to enjoy their power independently by imposing certain constitutional limitations on them (Saunders Crommelin, 2015). The system of federalism varies from one country to another. However, the most common feature is that all the provinces are enjoying their respective powers without having any conflict over it. The power provisions in a federal government are governed by the constitution, which should be written and rigid in nature (Lingard, 2018). Robert Garran has defined the term sovereign as political powers and according to him, federalism resolves all the p roblems made between different sovereignties and establish a situation so that they can enjoy independent power accordingly. According to Geoffrey Sawer, social diversities are not specific to the federalism. It has stated in previous occasion that the theory of federation is based constitution. However, the amendment process of the government for the constitution is also different than the sovereign states. In this system, the consent from the sovereign states is acquired and after that, the provisions of the constitution are amended. If any dispute arises in between the provincial government, it has been resolved through constitutional provision and contradiction can be avoided as all the rules are written in nature (Brown, 2016). In this process, federalism maintains a balance in between the multiple sovereignties. Reference: Arends, H. (2017). Equal Living Conditions vs. Cultural Sovereignty? Federalism Reform, Educational Poverty and Spatial Inequalities in Germany.Publius: The Journal of Federalism,47(4), 673-706. Brennan, D. (2016). Federalism, childcare and multilevel governance in Australia. InFederalism, feminism and multilevel governance(pp. 37-50). Routledge. Brown, A. (2016). Federalism in australia revisited: Political history and culture as Forces for stasis and change.Federalism and decentralization: perceptions for political and institutional reforms,235. Cohen, C. (2016). How to assert state sovereign immunity under the Federal Rules of Civil Procedure.Vand. L. Rev.,69, 761. 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