Presentation on theme: "6th Class: Different Historical Developments of Federal States Thomas Fleiner Prof. Thomas Fleiner*/ Prof. Dr. Lidija R. Basta Fleiner Theories and Praxis."— Presentation transcript:
6th Class: Different Historical Developments of Federal States Thomas Fleiner Prof. Thomas Fleiner*/ Prof. Dr. Lidija R. Basta Fleiner Theories and Praxis on Peace, Federalism, and Human Rights 2nd Week: PART II – PRAXIS: Federal Institutional Principles and Designs. Effects upon Peace within State
Different Periods in History: Old Confederations: Greece Genghis Khan Federal Concepts in feudal Societies European Feudalism Ottoman Milet System Ethiopia Middle Ages Swiss Confederation
The American Revolution Confederation - Federation The Swiss Constitution American, French Influence Foundation of the Modern State The German Empire Constitution Second Chamber Austria
Latin America (Spanish and Portuguese Empire) Mexico Columbia (failed) Venezuela Brazil Argentina
British Empire: Canada Australia India Pakistan Nigeria Malaysia St. Kitts and Nevis St. Kitts and Nevis (1983)
French Empire Union of Comoro Islands (2001)
Ottoman Empire: Arab Emirates
Development after World War II Peace and Conflict - Transformation: South Africa Ethiopia Sudan Belgium Spain (1978) Micronesia (1979) European Union (1950ies, Maastricht Lisbon 2009)
Soviet Empire Czechoslovakia Bosnia Herzegovina Russia Yugoslavia Serbia Montenegro Macedonia Kosovo
International Influence: Bosnia-Herzegovina, Serbia Montenegro Iraq, Sudan Newly envisaged federal countries? Nepal, Philippines, Indonesia, Cyprus Sri Lanka? New Regionalization in Europe Devolution in the UK Italy France
International Influence: Bosnia-Herzegovina, Serbia Montenegro Iraq, Sudan Newly envisaged federal countries? Nepal, Philippines, Indonesia Important Differences: Bottom up – Top down Common Law – Continental Law Asymmetric Federalism Ethnic Federalism Federation – Confederation – Supranational Organization Administrative – Competitive Personal Territorial Federalism
Federalism and: Sovereignty Constitutionalism Separation of Powers Judiciary and Rule of Law Democracy National and international Regionalism Human Rights International Law Legitimacy Subsidarity
Preambles of Modern Constitutions
Switzerland Spain We the Swiss People and Cantons … are determined to live our diver- sity in unity respecting one another;.. Art. 2 Purpose It (Switzerland) shall promote..the cultural diversity of the country The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards, and recognizes and guarantees the right to autonomy of the nationalities and regions
Germany Belgium the German People have adopted, by virtue of their constituent power, this Constitution. Belgium is made up of three Communities: the French Community, the Flemish Community, and the German- speaking Community.
Ethiopia We, the nations, nationalities and Peoples of Ethiopia… Recognising that our common destiny needs to be based upon the rectification of historically distorted relationships and promoting common interests; Convinced of the necessity of building a single economic community so as to promote our common rights, freedoms and interests; ….
Turkey Croatia of one's own state, based on the Croatian nation's historical right to full sovereignty, The recognition that all Turkish citizens are united in national honour and pride, in national joy and grief, in their rights and duties towards their existence as a nation, in blessings and in burdens, and in every manifestation of national life, and that they have the right to demand a peaceful life based on absolute respect for one another's rights and freedoms, mutual love and fellowship, and the desire for, and belief, in "Peace at home, peace in the world
Serbia PREAMBLE: CONSCIOUS OF THE STATE TRA- DITION OF THE SERBIAN PEOPLE AND DETERMINED TO ESTABLISH THE EQUALITY OF ALL THE PEOP- LES LIVING IN SERBIA, THE CITI- ZENS OF SERBIA, AS PART OF THE EUROPEAN FAMILY OF NA- TIONS, AND WITH A PLEDGE FOR MODERN DEMOCRATIC STATE BASED ON PEACE, TOLERANCE, RESPECT FOR HUMAN RIGHTS AND FREEDOMS, ON THE RULE OF LAW AND SOCIAL JUSTICE, Persons belonging to a national minority shall have special rights which they exercise individually or in community with others.
Russia Bosnia Bosniacs, Croats, and Serbs, as constituent peoples (along with Others), and citizens of Bosnia and Herzegovina hereby determi- ne that the Constitution of Bosnia and Herzegovina is as follows: We, the multinational people* of the Russian Federation, united by a common destiny on our land,
European Union DETERMINED to lay the founda- tions of an ever closer union among the PEOPLE‘S of Europe, RESOLVED to establish a citizenship common to nationals of their countries, RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity, (Consolidat.Treaties)
This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen. Treaty EU Common Provisions Art. 2 — to strengthen the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union;
Article 17 (ex Article 8) 1. 1.Citizenship of the Union is hereby establi- shed. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall comple- ment and not replace national citizenship. 2. Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the duties imposed thereby.
Preamble of the Consolidated Version of the Treaty of the European Union DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law, … DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions,… RESOLVED to establish a citizenship common to nationals of their countries,.. RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity,