Many countries coexist on planet Earth. All of them have a centuries-old history of formation and their own beliefs, traditions. Also, states differ in their structure. In the article, we will examine how the federal state differs from the unitary and confederation.
The concept and forms of state structure
The form of government is called the procedure for the territorial-administrative organization of one or more states (union of states). It gives an idea of the relationship between the center and the rest of the state, the method of delineation of functions between central authorities and local administrations.
Usually, two forms of government are distinguished, depending on the level of independence of the states that make up the union. The first form is simple. Unitary states are an example. The second is difficult. It includes federations and confederations.
It is worth paying attention to the fact that interstate organizations (UN, OSCE) and commonwealths (CIS, Commonwealth of Nations) are not forms of government, however, in historical literature and manuals on the theory of state and law, they can refer to this institution.
So, what is a unitary, federal and confederate state:
- A federation is called such a device in which the power is multilevel, and the subjects of the federation are endowed with authority and the ability to make decisions. This is a union of separate territorial units.
- A confederation is a form of organization in which members of a union unite for a specific purpose and delegate part of their authority to general authorities.
- A unitary state is distinguished by the presence of a single apparatus of administration, law and citizenship.
Administrative territorial structure
The federal and unitary structure of the state differs on a territorial basis.
The administrative units into which the unitary system of government is divided cannot have the status of a state-national entity. Such countries include regions, areas that can be subdivided into smaller entities. In each country, these regions have different names.
The formation of regions is facilitated by common interests, history and territory. An important role is played by the level of economic development. The central authorities in this case perform a coordinating function by establishing links between the individual parts of the country.
The subjects that are part of the federation may be state entities or countries with sovereignty. All federations have equal rights, are united on a voluntary basis.
Differences between state power apparatuses
What is the difference between a federal state and a unitary one in the methods of managing the territory?
In a unitary state, the apparatus of state power is uniform for the whole country. Usually he is represented by the head of state, government and parliament. Decisions made by each authority are valid throughout the state. Local authorities, in turn, are required to obey the central government. In addition, their authority is significantly limited.
Under a federal form of government, each entity has local executive, legislative, and judicial branches of government. They may not be guided by federal laws in making decisions. As a rule, in a federation there is a two-level power: the federal and republican state apparatus.
The powers of the central government and the authorities of individual entities are strictly delimited by the federal constitution. Thus, it is possible to avoid the concentration of power in the same hands.
What is the difference between a federal state and a unitary system of legislation
A unitary system is characterized by a single system of legislation. In such a state there is a single Constitution, which includes a description of all the rights and obligations of both residents of the territory and government bodies.
Basically, only central authorities have the power to pass laws in a unitary state. In turn, normative legal acts adopted by representative bodies of individual administrative units are only by-laws. They cannot contradict the basic laws of the state.
The federal state has a two-level system of legislation, which includes the legislation of individual entities and the federal legislation itself. It is worth noting that so far no clear boundaries have been defined between the powers of the federation and its subjects, so we can say that the legislation of an individual subject and the federal system of legislation are in a complex ratio.
Differences in the system of law and sovereignty
When comparing the difference between a federal state and a unitary state, one should not forget about sovereignty and the legal system.
A unitary state is distinguished by a unified system of law. All power bodies in administrative units in their work are obliged, first of all, to be guided by the provisions enshrined in regulatory legal acts issued by central authorities. At the same time, a single judicial system is inherent in countries with a unitary state system. Its decisions extend to the entire state. The unity of the centralized judicial system is manifested in the subordination of the judicial authorities of individual administrative units to the same norms of procedural and substantive law.
Only one subject possesses sovereignty in a unitary state - the central authorities. It implements the so-called principle of uniting the population of the territory under a single political leadership. In this case, the state itself also acts as a political center.
The provisions enshrined in the Constitution confirm uniform sovereignty. It also contains a provision securing a unified statehood that extends throughout the country. Separate administrative units within a unitary state are not independent, that is, they are deprived of sovereignty.
In a federal state system, all members of the union have the right to issue separate legal acts - charters, constitutions and regional laws.
Subjects that are part of a federal state are endowed with partial sovereignty. They do not have the right to independence in domestic and foreign affairs. Certain state entities cannot act as subjects of international relations.
Differences in the tax system
The unitary and federal forms of the state also have differences in the tax system.
Due to the lack of sovereignty, territorial units within unitary states in the sphere of domestic politics are completely subordinate to the political center - as concerns the taxation procedure. This is called a single-channel taxation system: first, payments are received by the central apparatus, and then distributed according to the needs of the regions.
The structure of the tax system of federal states is often determined by the status of territorial units (states, cantons, lands, republics) included in their composition, and established traditions. For example, in modern Germany, authorities exercising power on the territory of the federal states are allowed to independently resolve issues related to taxation.
The federal state has a two-channel tax system. This means that taxes are divided into federal taxes received by the “center” and taxes of the subjects of the union, which are distributed by the local treasury.
It can be noted that there are significant differences between a unitary state and a federal state. These are completely different territorial management systems, which have their positive and negative sides.