federal federation
federalism
Some Approaches
Ideas and text Harold S. BIDMEAD and Joseph PESCHON for FCE, B.P. 208,
L-2012 LUXEMBOURG. May 1994 (revised April 1996). We grant free licence to
publish, in whole or in part, provided 2 printed copies are sent to us. H.S.B.
J.P.
fce@vo.lu http://www2.vo.lu.homepages/fce
The
word federal is derived from the Latin foedus, meaning an alliance or a
covenant, a treaty.
The
founders of the Federal Constitution of the United States of America (1789)
unfortunately sowed confusion - which persists to this day - by using the terms
federation and confederation interchangeably, and often in the same breath. But
it is important nowadays to make a clear distinction between these
diametrically opposed expressions, the difference between them being as vital
as that between peace and war.
"Confederation" is applied to a pact between
(sovereign) States associated in a sort of league. This was the case with the
League of Nations, created after World War I: it is again the case with the UN
- its genetic successor despite certain non-essential differences.
A
"federation" or federal union is in essence a compact between
peoples (communities) who retain their regional autonomy, self-determination
and cultural identity. It entails the practical delegation of power over
international affairs to a body separate from the national governments. This
system is the solution - at once logical, rational and practical - advocated by
federalists.
Thus,
although "federation" and "confederation" both suggest a
kind of treaty, they differ quite fundamentally. Similarly, the terms
"federal government" and "central government" are often
confused. The misunderstanding is dispelled if one remembers the strictly
etymological meaning of "federal", as opposed to "central",
being synonymous with "de-centralized." For instance, if the central
government has power to interfere in regional matters the system is not
federal.
"Federal
government means a division of functions between authorities which in no way
are subordinate to each other either in the extent or in the exercise of their
allotted functions." (K.C.WHEARE -
"What Federal Government is")
Most
federalists, Professor Wheare included, regret that the pioneers did not coin a
completely new name for the novel system they discovered. This would have
obviated much subsequent confusion, and perhaps also the rather pejorative
connotation that is attached to the term "federation" nowadays.
Applying the above-mentioned criteria, we thus have in the modern world four true
federations: the USA, Canada, Switzerland and Australia. When it becomes
federal, the European Union will be unique. A world-wide democratic federation
would no doubt be completely different from any of these models, its powers
being essentially restricted to maintaining a just and enduring peace in the
world.
Especially
recently, there has been much talk about reforming the United Nations, e.g.by
improving its ability to reach and enforce decisions. This aim is no doubt
useful and desirable, but we must take care not to create a Prętorian Guard
without ensuring that it will be under democratic control. Otherwise we shall
have a Super-State, a tyranny.
The
world must decide whether to re-create a world-wide international organization
that cannot reasonably be a government, or to devise an international
government that cannot at the outset cover the entire globe. One solution is to
leave the security side of the UN as it is - a kind of diplomatic bourse, a
debating society, and to construct alongside it a model of the new world order,
designed on scientific lines.
In
this connection it seems paradoxical that the teachings of federalists such as
WASHINGTON, HAMILTON, JAY, MADISON, STREIT,
CURRY, REVES, CURTIS and
NASH are now for the most part ignored or forgotten by would-be builders of the
new world order.
These are
the fundamental principles of federalism:
a) The primary cause of war is national sovereignty (the claim to act as
judge and jury in ones own case).
b) The cure for international anarchy is international government.
("Government is the only alternative to solution by combat that mankind
has discovered." W.B.Curry, "The Case for Federal Union").
c) An international government must derive its authority from the
governed - its citizens.
d) Its laws must act directly on the citizens. (Law cannot be enforced
without violence unless it acts directly on individuals.)
e) Its parliament must therefore be directly elected by the citizens.
f) Its powers must be explicitly restricted to international affairs
only, all other powers being left with the national parliaments and citizens
where they already rest.
This division of powers would make the system federal.
Such a federal union should be open to all other nations able and
willing to meet the democratic requirements of the Constitution.
The
modern world needs to be united in many respects and wishes to remain separate
in most others. There is tremendous potential in these apparently conflicting
desiderata, which federalism can reconcile. There is thus every reason why the
federalist movement - in the face of such urgent problems - should rapidly
conquer public opinion by chain reaction. It should begin by demonstrating that
federation can give the world what it needs and wants: both unity and
individuality.
The world is a global village, made
up of its separate households
Federalism
is a counter to war, in the sense that for the first time in history a
political movement adopts peace as the ideal to be followed, just as liberalism
adopted democracy, and socialism the ideals of liberty, equality and social justice.
In particular, European federalism was born out of the horrors of fascism and
of the second world war, without which the idea might have still remained at
the stage of theoretical speculation. Similarly, federalism can open the way of
escape from a very alarming international situation, in view of the scores of
armed conflicts which continue to ravage the world.
Having
regard to the vital nature of current ecological and territorial problems,
federalism is more than ever involved in the inextricable ties existing between
global and local levels, between cosmopolitan and community polarities; its
institutional objective is defined, we repeat, as a structure sub-divided and
de-centralized into numerous levels of government, down from the world neighbourhood
level.
Thus,
federalism presents itself as that stage in human emancipation of which the
objective is no longer to liberate the human being as a member of a class or of
a nation but as a person in his complex global identity, as a member - without
any discrimination - of the human race and at the same time as an individual
member of his local community in which he lives in fellowship.
Federalism, viewed as an historic
issue,
aspires to peace and to liberation
of the human being as a person