Exploring Asymmetry in Federalism: Theoretical Speculation and Practical Implications
Delve into the concept of asymmetry in federalism through theoretical speculation and real-world examples, with a focus on challenges and modifications in the context of Spanish federalization. Learn about the significance of asymmetry, its historical roots, and how it aims to integrate diverse units while ensuring stability and flexibility.
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Presentation Transcript
ASYMMETRY AS ELEMENT OF ASYMMETRY AS ELEMENT OF FEDERALISM: A THEORETICAL FEDERALISM: A THEORETICAL SPECULATION FIFTY YEARS LATER. SPECULATION FIFTY YEARS LATER. READDRESS THE SPANISH CASE. READDRESS THE SPANISH CASE. ESTHER SEIJAS VILLADANGOS PROFESORA TITULAR DERECHO CONSTITUCIONAL UNIVERSIDAD DE LE N, SPAIN meseiv@unileon.es
TARLTON This short essay is mainly speculative. It attempts to highlight a principal weakness in theoretical treatments of the concept of federalism, and to offer modifications of the federal concept. It is not in any sense a complete theoretical statement of federalism. Nor is it meant to survey writings on federalism, although it is generally based on a wide sampling from those writings (TARLTON 1965: 861).
STRUCTURE CAN A FEDERAL SYSTEM BE ASYMMETRICAL? A BRIEF THEORY ABOUT ASYMMETRY IN A FEDERAL CONTEXT ASYMMETRIC FEDERALISATION IN SPAIN: MAIN CHALLENGES
SYMMETRY SYMMETRY IN SHARING SHARING WHEREAS WHEREAS ASYMMETRY ASYMMETRY EXPRESSES EXTENT EXTENT TO TO WHICH WHICH COMPONENT DO DO NOT NOT SHARE SHARE FEATURES FEATURES. . IN FEDERALISM FEDERALISM REFERS BY BY COMPONENT COMPONENT EXPRESSES THE COMPONENT UNITS IN IN THESE THESE REFERS TO UNITS, UNITS, TO THE UNITS COMMON COMMON Weakness
WHY ASYMMETRY? Looking back to history, we could find special differences organizations, maybe the ancestors of asymmetry: foedera aequa-foedera iniqua, hegemony federalism Exceptions help to fulfill rules in political The aim of asymmetry is to integrate the different units, claiming for stability. German
WHATS ASYMMETRY? The notion of asymmetry refers to the situation where some territorial units should be allowed some scope for reflecting their specific characteristics and needs. Asymmetry is a lack of symmetry what implies another element for making a comparison Dissymmetry the prefix dis- expresses completeness intensification unpleasant or action-, will be applied to those situations proportional or symmetrical situation was broken in an anomalous or faulty way negation or or an of unattractive where a
HOW IS ASYMMETRY? Singularity identity, Gradual implementation and flexibility. Instrumental nature reflected in the Constitution
HOW MANY ASYMMET RIES? De iure and the facto Structural and relational asymmetries Quantity types of asymmetry. Transitory or permanent
ASYMMETRIC ASYMMETRIC FEDERALISATION IN FEDERALISATION IN SPAIN: MAIN CHALLENGES SPAIN: MAIN CHALLENGES AUTONOMISM VERSUS FEDERALISM: SPANISH VIRTUAL FEDERALISM Readdressing these characteristics we can sustain that Spain is a virtual federal State , according to the meaning of virtual, almost or nearly as described, but not completely or according to strict definition . So we could dissert about the federal appearance of the Spanish Autonomous system . Three basics steps in that transition would be: First, to create a federal culture Second, to specify the main characters and the main sceneries of the federal evolution in Spain. Third, to translate that proposal on a legal challenge, especially at the constitutional level
ASYMMETRY VERSUS EQUALITY TERRITORIAL UNITS: we differentiate the legal status between them according to real differences, such a territorial size, population, tradition, language, religion we should apply a geometrical concept of equality. The justice of this application depends on the reality of these differences and on the limits to the consequences of the assignment that singular status. individuals we have to reinforce the jurisprudential concept of fundamental juridical positions
A federation is not a mechanism for manufacturing asymmetries, this path will lead to the disaster, It will start to crumble. ASYMMETRY FOR EVERY ONE VERSUS DESIGNED ASYMMETRIES
FINAL REFLECTION FINAL REFLECTION The main challenge is making asymmetry workable and fair, so we have to know the limits of asymmetry. Maybe, Spain could become in a federal State, and this federalism could be an asymmetrical federalism.
