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Federalism And Its Theories: A Critical Analysis




Adityajit Abel Bose, LL.M., Christ (Deemed To Be University), Bangalore, India

ABSTRACT

Even if there are cultural, linguistic, and customary variances, the majority of multicultural nations are federal in nature and polity. Federal character typically emerges as a result of the monoculture of a territory's inhabitants. In addition to the diversity ensuring the federal character, the groupings are completely united for a noble common goal despite socio-cultural differences. Two prominent traits can be identified where, one works to maintain society together, and the other informs people about diversity. As a result, a federal country must strike a balance between diversity and unity on a tumbling, fluctuating plane. For a seamless operation, a national government made up of regional governments must be coordinated. It is made easier by the interdependence of national and regional governments. In its most basic sense, federalism is an association in which two or more self- governing groups share equal political space. Citizens of federal states are members of both their state and the larger federation as a whole. The principle and practice of federalism has magnanimously expanded in the years following the downfall of Communism in Europe. As soon as federal states emerged, there has been a struggle between two conceptions: the federalist, which aimed to share powers between two levels of the state, and the centralist, which tried to place a dominant position within the federation for the central government. In almost all cases an agreement has proved to be successful.

The constitutions of federal states at times serve as the best example of such compromises. Furthermore, the passing of a constitution usually does not bring the disagreement between federalists and centralists to a conclusion, it usually only escalates it to another sphere.

Several studies and analysis by experts on federalism focus mainly on the legislative, financial and administrative relations between the Centre and the States. Hardly any attention has been paid to the elaborating on theories. In this research paper an attempt has been made to delve into the various theories of federalism. This research paper will also discuss the features of federal systems and the various theories along with efforts to understand the causes and consequences of change within federal systems.

Keywords: Federalism, theories of federalism, Constitutions, separation of power, classical theory, origin theory, functional theory.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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