Federalism

Course Course Title: Federalism

Information Course Code: Laws -3046
Credit Hours: 2 hrs. /week
Class Schedules: Fri 1&2
Classroom Location: LH 10
Year: III
Academic Year:
Semester: II
Prerequisite: None
Instructor Name:
Information Title: LL.B, LL.M (Lecturer and Researcher in Constitutional and Public Law)
Office Location (R. No ):
Consultation Hrs: Mon 3-4:30 & Wed 4-5:30
Phone No.: +251-968-137-424
E-mail: [Link]@[Link] or habtbranu6@[Link]
ECTS 3
Students lecturers, Problem- Project Presentation Independent Continuous Total
Workload solving works study and final
sessions Assessment
30 10 15 10 30 5 10
Course The course on Federalism covers the meaning, pros and cons of a system of federation, the types of
Description federation, and general features observed in different federal systems. It discusses such issues like whether
federalism helps in regulating conflicts, what the historical antecedents of federalism are in Ethiopia, how
they contribute to analysis of the present situation, whether lessons could be drawn from other
multicultural federations, how legislative and executive powers between the federal and state governments
are divided - with particular focus on the Ethiopian federal system and the ongoing debate concerning the
authority of the constituent states, how federal polities are distinguished from other forms of polities, the
main institutions established in a federation, and the role of second chambers in legitimating federal
government and process of policy-making.
The course also examines one of the consequences of introducing a federal system, i.e. intergovernmental
financial arrangements in decentralized systems. Fiscal federalism analyses the theoretical and empirical
basis of the division of expenditures and revenues between the levels of a government. The focus will be
on the constitutional allocation and distribution of expenditure responsibilities and revenue-raising
powers between the tiers of the government. This shall cover the vertical as well as horizontal fiscal
imbalances in revenue capacity and expenditure needs among the constituent units, the processes and
institutions of intergovernmental fiscal transfers and borrowing needed to respond to financial imbalances,
and corrections for imbalances.
Objectives, After a successful completion of the course, students are expected to achieve basic knowledge and
Competence competence regarding:
Achieved • federalism, the reasons for its introduction and the various types of federation;
• the main features that distinguish federations from other polities;
• the necessary institutions for making a federation effective;
• the distinction between nation-state and multicultural federations;
• the manner and techniques of diving power and resources between federal and state governments; •
the context under which the 1995 Federal system has been established in Ethiopia as well as its
development;
• the nature of the political crisis in the past and the challenges of building a multicultural state;
• the unique features of the Ethiopian federal system;
• the various mechanisms for adjudicating constitutional issues as employed in federal polities and the
political choice adopted in Ethiopia;
• the principle of revenue sharing and expenditure assignment between the states and the federal
government.
 • the objectives of intergovernmental transfer and the methods for correcting fiscal imbalance.
Prerequisite Prerequisite Constitutional Law
Constitutional
Law
Course Course
Contact Hour 2
Mode of DeliveryLectures, seminars, student presentations, group discussions, individual and group tutorials, assignments
and project supervisions
Mode of • Class Participation……………….....……………5%
Assessment • Chapter Reflections / Summaries…………...…..…15%
• Quiz----------------------------10%
• Assignments/Debate / Project/ Essays and …………..20%
• Exam(s)…………………… …………...…50%
Course Outline Chapter One : General Overview of Federalism
• Meaning and applicability of federalism
• Rationale for adopting federalism
• Pros and cons of federal system
• Formation of federal system presentations /Mid-term exam
• Types of federal system Chapter Two: Some Common Features among Federations
2.2 Federalism and Federation
2.3 Some Common Features among Federations
2.3.1 Division of Powers
[Link] The Notion of Co-ordinate Relationship
[Link] Limitations to the Co-ordinate Theory
[Link] Confederations, Federations and Decentralized forms of Governments
2.3.2 Written and Supreme Federal Constitution
2.3.3 Rigid Constitution
2.3.4 Umpiring the Federation
2.3.5 Origin of Federations and the territorial Autonomy of the States
2.4 Extra-Constitutional Factors
-the presence of dominant majority
-federal will -democracy and economic development
-the degree of incorporation of the federal principle as it can manifest itself in many ways
Chapter Three: Federations and Second Chambers
3.1 Rationale
3.2 Composition
3.3 Selection of Members
3.4 Powers
Chapter Four: Federalism and Accommodation of Diversity: The Ethiopian Experience
4.2 The Origin of the Federation
4.3 Federal Features
4.4 Some Distinct Features
4.4.1 Unicameral Legislature
4.4.2 Federal Supremacy, Secession and implications for the Unity-Diversity Rational Behind Federations
4.4.3 The Explicit Recognition of Nations/nationalities as Building Bricks of the Federation and its
Implications
4.5 Limitations and challenges of transition to Democracy The Role of the HoF in Intergovernmental
Relations
Chapter Five: Division of Legislative Powers
5.1 The Form and Scope of Distribution of Legislative Powers
5.2 Exclusive Powers
5.3 Shared Legislative Powers
5.3.1 Framework powers
 5.3.2 Concurrent Powers
5.4 Residual Powers
Chapter Six: Division of Executive Power
6.1 Dual versus Executive Federalism
6.1.1 Dual Federalism
6.1.2 Executive Federalism
Chapter Seven: Federalism and the Adjudication of Disputes
7.1.1 The Difference Between the Institutions
7.1.2 The House of Federation
7.1.3 On the Jurisdiction and Procedures of the HoF
7.1.4 Organization of the Judiciary in a Federal System
7.1.5 Jurisdiction
Chapter Eight: The Allocation of Public Expenditure Responsibilities in Federations
• Meaning public expenditure
• Principles and objectives
• Roles of layers of governments
• Main areas of expenditure responsibility: capital and recurrent
• Constitutional methods for division of expenditure responsibility: the USA and German models
The division of expenditure responsibility under the FDRE Constitution
Chapter Nine: The Allocation of Public Revenue
• Meaning of public revenue
• Revenue sources of a government
• Methods of division of revenue sources between federal and state governments
• Purpose and types of taxes
• The structure of taxation power in Ethiopia
• Federal power of taxation
• State power of taxation
• Concurrent power of taxation
• Undesignated power of taxation
• Local taxation
Chapter Ten: Fiscal Imbalances and Inter-governmental Revenue Transfer
• Fiscal imbalances in general
• Vertical imbalance
• Horizontal imbalance
• Causes and implications of imbalances
• Intergovernmental revenue transfer
• Objectives and types of transfer
• Revenue sharing, conditional / unconditional grants
• Matching and non-matching
• Federal-States transfer in Ethiopia
• Intrastate transfers
• Regional Borrowings
References • Assefa Fiseha, Federalism and the Accommodation of Diversity: A Comparative Study,
• 2007
• Burgess, Michael; Comparative Federalism: Theory and Practice, London, Rutledge,
• 2006
• David Turton (ed.), Ethnic Federalism: The Ethiopian Experience in Comparative
• Perspective, Oxford, James Currey, 2006
• Elazar, Daniel; Exploring Federalism, Tuscaloosa, AL: University of Alabama Press,
• 1987
• Hueglin, Thomas and Alan Fenna, Comparative Federalism, A Systematic Inquiry,
• Broadview Press, 2006
• Linder, Wolf, Swiss Democracy: Possible Solutions to Conflict in Multicultural
• Societies, 2nd ed., New York: St. Martin‘s Press, 1998
• Lidija Basta and Thomas Fleiner (eds.), Federalism and Multiethnic States, The Case of
• Switzerland, Vol. 16, 2nd ed., Fribourg: PIFF, Helbing and Lichtenhahn, 2000
• Watts, Ronald; Comparing Federal Systems, 2nd ed. ,Montreal: Queen's University,
• 1999
• Wheare, K., Federal Government, 4th ed., London: Oxford University Press, 1963