federalism

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Map of the states with federal constitution

Under federalism (from the Latin foedus , foedera the Bund , alliance ',' Contract ') is now mainly understood as a principle of organization in which the individual members ( member states ) over a limited independence and statehood have, but (to an overall total general government ) are grouped together. The term is often used in an undifferentiated way and applied to both federations in the narrower sense and to confederations .

As a federal state (in literature sometimes federal state called) is therefore a State designated by a federal constitution. It is structured according to the federal principle and thus consists of sub-states that exercise certain (limited) constitutional competences that are not derived from the federal state as a whole. In addition to the state as a whole, the member states of a federal state therefore also have their own, original sovereignty over the population in their territory in terms of constitutional law .

In some cases, the members of the Federation are granted a right of withdrawal, although the written constitutional law does not necessarily have to correspond to constitutional reality. The "Declaration of Principles" of the UN General Assembly of October 24, 1970 largely excludes a right to secession within the framework of the self-determination of peoples .

Definition of terms

Today's federalism is based on the Latin word foedus , whose adjectival meaning - 'nasty', 'hideous', 'hideous' - seems to be primarily associated with it for proponents of a comprehensive and all-powerful central authority. Nevertheless, in the interpretation used today, the substantive meaning of foedus in classical Latin initially generally means “alliance” (between states), “contract” (between private individuals). The network of terms foedus, foederati, federation, federal is changing with the times and therefore eludes a fixed definition ( see also section " United States and contrary word meaning ").

history

In the pre-Augustine Roman Republic , federates were people who were neither colonies of Rome nor had Roman citizenship . Alliances (foedera) existed with them which required them to support Rome militarily. In the later course of history at the time of the Great Migration , the term was transferred to those barbaric , mostly Germanic tribes who were allowed to settle within the Roman Empire; here, too, they provided troops for the Roman army in return. In the late antique development of the military, the meaning of the term changed and rather referred to federal law; among the multiethnic mercenary troops, in which Roman citizens also served for Rome, formed the armed forces. This historical functional meaning has nothing to do with today's federalism.

The Holy Roman Empire already had federal features. For example, in a broader sense, the realm of the Ottonians , Salians and Staufers is dependent on federal power enforcement due to the practical impossibility of bringing the central power to bear because there was a lack of basic instruments such as appropriate communication or written administration by officials. In the high Middle Ages with the rule of the Saxon kings and emperors from Heinrich I to Otto I to Otto III. Nowadays, modern medieval studies no longer understand a strict centralistic, but consensual rule; so the elected kings had to come to terms with the regional authorities to a large extent. In late medieval Holy Roman Empire regional princely or had reichsständische dominions far-reaching autonomy and considerable codetermination about the electors kolleg of princes or in the later imperial assemblies and diets . It was only the increasing isolation of the princes who became independent in the early modern empire that set in motion a decline in federal cooperation at the national level. This resulted in small states .

Modern federalism

In theory, federalism was founded as a modern constitutional principle by Montesquieu and Proudhon in France during the Enlightenment . Montesquieu saw federalism as a form of separation of powers that would curtail the absolutist central power alongside the separation into legislative , executive and judicial branches . It became an integral part of the constitutional structure of the United States , Canada, and Australia . In Europe, the German-speaking area in particular has developed federal traditions. In the 20th century, federal elements supplemented the parliamentary-democratic form of government. The states, regional subdivisions of the state, were given powers of their own. As a result, the exercise of power and decision-making were distributed to different levels, in addition to the framework of the state as a whole, the state level appeared and thus an additional opportunity for opposition . This distribution increased the possibility of participation in the political development of the state and the Länder.

German-speaking area

In Germany different models of state union developed between the poles of particularism on the one hand and unitarianism on the other. The constitution of the German Confederation created in 1815 , that of the German Empire , the Weimar Republic and the Federal Republic of Germany are all federalist. In the Weimar constitution , the federalist elements were less pronounced than the unitarian.

Austria's Federal Constitution of 1920 was only weakly developed at the federal level, and centralization continued to increase for economic and political reasons. Only the constitutional amendment of 1974 put an end to this development. Further constitutional amendments strengthened the competences of the federal states and the position of the Federal Council .

United States and contrary word meaning

With the establishment of the United States of America , the first modern implementation of practical federalism followed. Programmatically, the first constitution was called Articles of Confederation (it was in force from 1776 to 1789 on the basis of the articles of confederation , which made the structure a federation after independence in 1783). Here a loose confederation of states with full sovereignty of the individual states was fixed. However, the fathers of state reformed this republic, which corresponded to the federalist state idea, with the establishment of the United States in 1789 and dissolved the previously existing confederation into a country with federal states under presidential democracy. Accordingly, it was decided not to use the Confederation as the name for the entire state , but rather Union. The narrower federalism term was revived in 1860/61 in the course of the Civil War with the exit of the southern states, which called themselves Confederate States of America , and their troops were simply Confederates .

In the context of federalism in the United States, it should be noted that for historical reasons this word meaning is the opposite of that used in German: in the English-speaking world (including Great Britain , Canada and Australia ), federalism is precisely the idea of ​​a strong central government. A " federalist " (federalist) in the United States is therefore an advocate of a centralized power that wants to expand the rights of the state as a whole. Politicians like those of the Federalist Papers wanted to make a closer federation, that is, a federal state ( federal state ) out of the first state union, and they also did this. In English, the terms federation and confederation are sometimes used for the German pair of terms federal state and confederation of states, but the terminology is not uniform. The North German Confederation is called the North German Confederation in English, despite its state character .

History of ideas and development of the theory of federalism

Political federalism

In modern research on federalism, the term federalism is often understood in a broad sense. If the supranational organizations, in particular the European Union , are also included, the territorial structure of the global political community extends from the supranational organizations to the states united in them and (in federal states) their member states or the higher regional authorities (e.g. the French regions) to the counties and municipalities. This structure essentially serves to resolve the conflict in stages. For this purpose, the decision-making powers are divided between the various levels. This distribution of competencies essentially determines the federal structure. As a rule, it is determined by the balance of power and, at best, is left to an experimental process of trial and error .

In constitutional law , the term federalism is mostly used in a narrower sense. It specifically means a state organizational principle, according to which individual member states ( states, states ) form a federal state - in the sense of a federal (or also federal) overall state ( federation ) - or (in a much looser form) a state union or confederation . (Depending on the object to be examined, for example, members of a state of countries , provinces , cantons or states called) give it their sovereignty , but retain their statehood as authorities. The state as a whole (federation) decides on all questions of unity and continuity of the whole (e.g. securing the alliance borders), the member states (states) have the right to self-determination in their areas of competence (in the Federal Republic of Germany e.g. education , police ). Mostly the term federalism is related to sovereign states that grant a certain political autonomy to several geographically delimited sub-areas of their state . This may not be withdrawn without further again and is a regular in the Constitution defined the state as a whole. The so-called member states have their own political organs and their own powers to regulate their offers and do not derive these rights from the unitary state . (For the different division of state competencies into confederations and federal states, see below .)

State federalism lies in the area of ​​tension between the competences of the state as a whole and the member states, so that there can be pendulum movements towards more centralization or more decentralization. Since the Enlightenment , many thinkers have assumed that if federalization is released, the independent municipalities will merge through initially regional and then cultural groups up to the World Federation.

In addition to the (statistic) understanding (federalism from above) that supports the idea of ​​the state, there is a liberal ( libertarian ) conception (federalism from below), also referred to as "sustainable federalism". According to her, the smallest social structures (groups, communities) are autonomous. They enter into alliances of convenience of their own accord, but only give those tasks to their associations that they cannot perform themselves.

Federalism is based on the desire of people to be able to determine for themselves which ties to community and morality they enter into ( natural law ), and to be able to have a say in what the community decides (direct democracy). The alliances that the independent municipalities enter into have a terminable purpose function (narrow interpretation of the subsidiarity principle ). This understanding of federalism has been lived in many places where there was no state power or where people had withdrawn from it - sometimes by force.

Today some argue that democracy , self-determination and economic development at the local level are hindered by the centralism of nation- states. The historian Peter Josika writes that federalism is even a basic requirement for a functioning democracy and that the community should be the starting point for every democratic state.

Institutional federalism

Examples of institutional federalism are some parties (or associations, etc.) that are formed in the member states, for example in Germany, and transfer the tasks and competencies of the organization to an umbrella organization that can act independently in some areas, but to others the sub-organization are instructed.

Emergence

States can arise in four ways:

  • an amalgamation of previously independent states to form a larger state (e.g. Germany , Switzerland );
  • Loosening up and fragmentation of previous central states (e.g. Spain , Belgium , United Kingdom );
  • Continuation of the idea of ​​an existing certain independence within a monarchy (keyword: crown lands ) and transferring this to a republican form (e.g. Austria );
  • or they are imposed from outside for reasons of global politics (e.g. Bosnia and Herzegovina ).

Independent communities have emerged

  • when settling a previously uninhabited area (e.g. on Iceland ),
  • after shaking off a rule (e.g. Dithmarsch Peasant Republic, Old Confederation ),
  • after the de facto dissolution of a state (e.g. in the Somali hinterland),
  • from the awareness that the state does not ensure security and the future (e.g. gated, intentional, lifeboat communities ).

Functions of federalism

The political benefits of a federal order are in particular:

  • a gradually regulated political system (political and social self-control; "control of self-control"),
  • the stimulation of democratic participation, also through
  • facilitating political participation "on site",
  • the distribution of the political will-formation on several levels according to the subsidiarity principle, thereby also
  • the reduction of political will-formation to a “human level” and
  • the acquisition of factual proximity and flexibility,
  • the collection of political experience in limited " experimental fields ",
  • the promotion of a "federal competition" through the possibility of regional comparison,
  • the prevention of a concentration of power through the federal separation of powers and
  • the training of young politicians at regional level.

For information on the weaknesses and possible disadvantages of federalism, see Federalism in Switzerland .

Ambivalence between self-determination and overriding regulatory power

Basics

As in federal states, in larger political communities there is a balance to be found between on the one hand the regulatory claim of the higher-level association to overall democratic decision-making and regulatory power and on the other hand the claim to democratic self-determination of subordinate ethnic, religious, traditional or even just regional parts of the community, a conflict that has recently become topical in some states. The way to a compromise lies on the one hand in political decentralization, i. H. in the granting of political and, in particular, legal autonomies, which can range from state federalization to regional and communal rights of self-determination, on the other hand, in a balanced cooperation of political representative bodies.

Political decentralization

Above all, political decentralization - also inherent in federalization - in conjunction with the subsidiarity principle is an important instrument for cultivating political decisions and shaping them in a way that is close to the people.

The scope of decentralization and the autonomies associated with it determine “how much ' freedom ', namely the possibility of self-development, there is in a state system. It also influences the system's ability to learn, namely its ability to absorb information about living conditions and their changes, in particular about prevailing needs and objectives, and to respond to them with suitable legal solutions. From this point of view, too, the task is to find a balance between self-control of the sub-systems and central controls of the overall system. […] The higher-level regulating bodies then largely only have a 'control of self-regulation' of the subordinate subsystems, in particular a definition of the framework conditions within which autonomous rules can develop. In larger communities, such coordinating and direction-determining functions cannot be optimally taken over by a single central authority. A hierarchical structure of state sub, middle and central bodies or a tiered structure of self-governing bodies is more suitable. "

Democratic ambivalence

In federal states and other federal state associations, “on the one hand, the democratic right of self-determination of the member states must be taken into account and a balanced federal representation must be guaranteed. On the other hand, at the federal level (Union level), citizens are democratically egalitarian; H. to represent with equal voting weight ". It is difficult to reconcile the two: If not every citizen is represented with equal voting weight ( one man, one vote ) in decisions of the international community , there is a threat of a “general democratic deficit”. On the other hand, an equal voting weight for every citizen of the Union brings with it the danger that small member states can be "pushed to the wall" by the voting power of the populous, as soon as decisions of the community organs are not made unanimously (with the consent of all member states), and a "Federal deficit". One deficit leads to overall democratic, the other to federal majorizations. To avoid both the demands Constitution of the United States in particular for the legislation matching resolutions of the Senate and House of Representatives, and the Senate, each Member State is represented without regard to its population of two Senators (ie with the same federal weight) and the House of Representatives every citizen of the entire state (more precisely: every voter) is represented with approximately equal weight. On the other hand, the European Union accepts an overall democratic deficit in order to strengthen the decision-making ability of the European institutions .

For information on the weaknesses and possible disadvantages of federalism, see Federalism in Switzerland .

Community autonomy

Ideal:

  • It satisfies the basic human needs,
  • strengthens tolerance,
  • creates peace,
  • brings about the necessary moderation to preserve the foundations of life on earth.

Types of federalism

  • Unitarian federalism, e.g. B. Austria
  • Cooperative federalism , e.g. B. Germany; entangled power relations between the member states and the federal government with the aim of improving state efficiency
  • Competitive federalism (competitive federalism), e.g. B. the United States of America (USA)
  • Dual federalism, e.g. B. the USA; strong separation of competencies between member states and federal government. The confederal state is based on the principle of competition and competition
  • Symmetrical federalism, e.g. B. Switzerland. If the states of a confederation all have the same rights, this form is called “symmetrical federalism”.
  • Asymmetrical federalism, e.g. B. Spain. There are differences in rights and obligations between the member states.
  • Difference and unification federalism - difference according to the criterion "social differentiation or concordance"
  • Sustainable (libertarian) federalism: Independent municipalities join forces of their own accord in order to get done what they cannot manage on their own.
  • Tribal federalism: Associative / dissociative encounter between political local and regional powers with reduced national authority, e.g. B. Alpenland, Union alpine and Südstaat as terms from various discussions on the territorial reorganization of southern Germany that have been held since the late 18th century

States

Differentiation from unitary states and confederations of states

A federal state differs on the one hand from the unitary state and on the other from the confederation .

While a federation of states is a connection between sovereign states only under international law , a federal state is a connection under constitutional law between (non-sovereign) states and a (sovereign) general state. The relations between the federal government and its member states and between the member states are of a constitutional (not international) nature.

The state constitution as a whole distributes the state powers between the central organs of the federal government and the member states in such a way that neither the federal organs nor the member states have any regulatory power that is superior to the other institution. This division of the sovereignty of competences, which is justified in the state constitution, distinguishes the federal state on the one hand from the unitary state and on the other hand from the confederation.

In contrast, in a unitary state, e.g. B. in France , the sovereignty is centralized. All legal competencies in the state are derived from this state sovereignty and are subject to its power of disposal. So there z. For example, a local authority does not have powers in its own right that would prevent the unitary state from withdrawing these powers or dissolving the authority.

Distribution of powers between the federal government and the member states

The federal state is a concrete political system .

A distinction is made between:

factual distribution of competencies
The state responsibilities are distributed between the federal government and the member state according to content criteria:
For example, the federal government is responsible for foreign and financial policy, while the states are responsible for education and internal security.
functional distribution of competencies
The responsibilities between the federal government and the member states differ according to the type of service to be provided:
The federal government develops z. B. Laws and the member states carry them out.

National territory

In federally organized states , the question arises of the relationship between the territory of the Federation to the territories of the Member States .

In addition to the correspondence (congruence) of the national territory of the federal government and the totality of the national territories of its member states, such as the Federal Republic of Germany, there are also states with federal territories that are not also the territory of a member state ( federal areas ), such B. the Capital Territory of Australia, the Territories of Canada or the District of Columbia of the United States of America. The Reichsland Alsace-Lorraine also had a special federal status . Finally, areas of member states that are not also federal territory (non- federal areas ) are also conceivable . An example of such a federal-free area was the southern part of the Grand Duchy of Hesse in the North German Confederation 1867–1871.

Confederations

Another form of federalism is the confederation of states. A confederation of states is created through a contractual amalgamation of sovereign states. Here individual sovereign rights can be transferred to common institutions . Comprehensive sovereignty remains with the member states . They also retain the right to leave the federal government of their own accord. One example is the African Union .

Federal Europe

For a long time the EEC and the EC could be referred to as a confederation of states. Contracts like the coal and steel union even had an expiration date. Today, in addition to an administration , the EU also has fixed competencies that are checked by the European Court of Justice on the basis of the EU treaties. The EU already embodies a supranational construct sui generis that goes beyond an organized confederation of states; however, it is not a state. Therefore, the German coined Federal Constitutional Court in its decision of 12 October 1993 the term states ver bund to refer to the EU. At least German lawyers like to use this definition . The demand for a federal, pan-European constitution is referred to as “ European federalism ”.

Global federalism

In his book Zum Weltfrieden , published in 2015, Michael Wolffsohn sees federal structures as a solution to many territorial conflicts.

See also

literature

For the introduction
Dictionaries
On the history of ideas and early / modern theory development
  • Emil Brunner: Justice. A doctrine of the basic laws of the social order. Theological Publishing House, Zurich 1981.
  • Ernst Deuerlein: Federalism. The historical and philosophical foundations of the federal principle. Munich 1972.
  • Giuseppe Duso, Werner Krawietz , Dieter Wyduckel (eds.): Consensus and consociation in the political theory of early federalism . Berlin 1997.
  • Horst Dreitzel: Althusius in the history of federalism. In: E. Bonfatti, G. Duso, M. Scattola (eds.): Political terms and historical environment in the 'Politica methodice digesta' of Johannes Althusius (=  Wolfenbütteler research. Volume 100). Wiesbaden 2002, pp. 49-112.
  • Constantin Frantz: Federalism as the guiding principle for social, state and international organization, with particular reference to Germany. Reprint of the Mainz 1879 edition. Scientia Verlag, Aalen 1962.
  • Carl Joachim Friedrich: National and international federalism in theory and practice . In: Politische Vierteljahresschrift (PVS), 5th year, Cologne / Opladen 1964, pp. 154–187.
  • Carl Joachim Friedrich: Trends of Federalism in Theory and Practice . New York / London 1968.
  • Albert Funk: Federalism in Germany. From the Prince League to the Federal Republic. Paderborn 2010 (licensed edition of the Federal Agency for Civic Education , Bonn, 2010, ISBN 978-3-8389-0097-1 ).
  • Thomas O. Hüglin: Societal federalism. The political theory of Johannes Althusius . Berlin / New York 1991.
  • Eugen Stamm: a famous and infamous. New studies on Konstantin Frantz and federalism. Curt Weller Verlag, Constance 1948.
  • Barbara ten pennies : Alexander Hamilton, James Madison, John Jay. The Federalist Papers . Ed. And transl. von ders., Munich 2007.
Current federalism research
  • Andreas Heinemann-Grüder: Federalism as conflict settlement. India, Russia, Spain and Nigeria in comparison. Opladen 2012, ISBN 978-3-86649-420-6 .
  • Ines Härtel (Ed.): Handbook of Federalism - Federalism as a democratic legal order and legal culture in Germany, Europe and the world . 4 volumes, Berlin / Heidelberg / New York 2012. Volume 1: Fundamentals of federalism and the German federal state. Volume 2: Problems, Reforms, Perspectives of German Federalism. Volume 3: Areas of Development of Federalism. Volume 4: Federalism in Europe and the World.
  • Fritz W. Scharpf et al. a .: Political integration. Theory and empiricism of cooperative federalism in the Federal Republic . 2nd vol., Kronberg / Ts. 1976.
  • Fritz W. Scharpf: The political entanglement trap: European integration and German federalism in comparison. In: Politische Vierteljahresschrift (PVS), Vol. 21, 1985, pp. 323–356.
  • Joachim J. Hesse (Ed.): Political entanglement in the federal state . Baden-Baden 1978.
  • Michael Matheus : Regions and Federalism. 50 years of Rhineland-Palatinate (Mainz lectures 2). Stuttgart 1997 ( online ).
  • Rainer-Olaf Schultze: Federalism as an Alternative? Considerations for the territorial reorganization of rule. In: Journal for Parliamentary Issues (ZParl), 21st vol., Opladen 1990, pp. 475–490.
  • Fritz W. Scharpf: European democratic deficit and German federalism . In: Staatswissenschaften und Staatspraxis , 3rd year, issue 3, 1992.
  • Heidrun Abromeit: The disguised unitary state . Opladen 1992.
  • Reinhold Zippelius: The modernity of federalism. In: Law and Justice in the Open Society. , 2nd edition, Duncker & Humblot, Berlin 1996, ISBN 3-428-08661-9 , chap. 20th
  • Fritz W. Scharpf: Options of federalism in Germany and Europe . Frankfurt am Main / New York 1994.
  • Heinz Laufer, Ursula Münch: The federal system of the Federal Republic of Germany . Opladen 1998.
  • Roland Sturm: Federalism in Germany. Leske + Budrich, Opladen 2001.
  • Klaus von Beyme: Federalism and regional awareness. An international comparison . Munich 2007.
  • Charles B. Blankart: Federalism in Germany and in Europe. Baden-Baden 2007.
  • Francesco Palermo, Rudolf Hrbek, Elisabeth Alber (eds.): On the way to asymmetrical federalism? Baden-Baden 2008.
  • Winfried Böttcher (Ed.): Subsidiarity - Regionalism - Federalism. Munster 2004.
Special issues / periodicals
  • Federalism. Analyzes from a developmental and comparative perspective . Ed. by Arthur Benz and Gerhard Lehmbruch, special issue 32/2001 of the Politische Vierteljahresschrift (PVS), Wiesbaden 2002.
  • Federalism , special issue of the Swiss monthly issue in May 2005.
  • Yearbook of Federalism 2007. Federalism, Subsidiarity and Regions in Europe . Eighth Edition of the Yearbook for Federalism, ed. from the European Center for Research on Federalism Tübingen, Baden-Baden 2008.

Web links

Wiktionary: Federalism  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ Cf. but also considerations - mainly on the basis of the work of Hans Kelsen ( Allgemeine Staatslehre , 1925, p. 199 f .; Die Bundesexekution , in: Zaccaria Giacometti, Dietrich Schindler (ed.), Festgabe für Fritz Fleiner , 1927, DNB 573318328 , p. 127 ff., Here p. 130 ff.) And Hans Nawiasky ( Allgemeine Staatslehre , Third Part: Staatsrechtslehre , Einsiedeln [among others] 1956, p. 159 ff.) - on a tripartite federal state structure, i. H. the division of the federal state into the three categories of state, central state and member states , according to which the central state and the member states are on an equal footing and both are subordinate to the state as a whole. Usually three state structures and legal entities are assumed. . In contrast, the so-called negative Zweigliedrigkeitslehre an additional central ,Staat 'and instead assumes the federal government as "upper state" that is the parent of the member states in principle; only in the areas that the Federal Constitution did not regulate there is equal order.
  2. ↑ Christoph Gröpl , Staatsrecht I , 3rd edition, CH Beck, Munich 2011, Rn. 601.
  3. ↑ Resolution 2625, Declaration on Principles of International Law Regarding Friendly Relationships and Cooperation between States in Accordance with the Charter of the United Nations (PDF; 55.8 kB), accessed on August 25, 2019.
  4. ^ André Thieme: The concept of federalism through the ages - an approximation . In: Michael Richter, Thomas Schaarschmidt, Mike Schmeitzner (ed.): Länder, Gaue and districts. Central Germany in the 20th century . 1st edition. Mitteldeutscher Verlag, Dresden 2007, ISBN 978-3-89812-530-7 , pp. 15 (Fn 1: fundamentally cf. also Deuerlein, Föderalismus ; Bothe, Föderalismus. Pp. 21–32; Schultze, article “Föderalismus”, pp. 95–110).
  5. ^ André Thieme: The concept of federalism through the ages - an approximation . In: Michael Richter, Thomas Schaarschmidt, Mike Schmeitzner (ed.): Länder, Gaue and districts. Central Germany in the 20th century . First edition. Mitteldeutscher Verlag, Dresden 2007, p. 18 .
  6. ^ André Thieme: The concept of federalism through the ages - an approximation . In: Michael Richter, Thomas Schaarschmidt, Mike Schmeitzner (ed.): Länder, Gaue and districts. Central Germany in the 20th century . First edition. Mitteldeutscher Verlag, Dresden 2007, p. 15th f .
  7. ^ André Thieme: The concept of federalism through the ages - an approximation . In: Michael Richter, Thomas Schaarschmidt, Mike Schmeitzner (ed.): Länder, Gaue and districts. Central Germany in the 20th century . First edition. Mitteldeutscher Verlag, Dresden 2007, p. 21 .
  8. ^ André Thieme: The concept of federalism through the ages - an approximation . In: Michael Richter, Thomas Schaarschmidt, Mike Schmeitzner (ed.): Länder, Gaue and districts. Central Germany in the 20th century . First edition. Mitteldeutscher Verlag, Dresden 2007, p. 22nd f .
  9. ^ André Thieme: The concept of federalism through the ages - an approximation . In: Michael Richter, Thomas Schaarschmidt, Mike Schmeitzner (ed.): Länder, Gaue and districts. Central Germany in the 20th century . First edition. Mitteldeutscher Verlag, Dresden 2007, p. 16 f .
  10. ^ Theo Öhlinger: The Constitutional Development in Austria since 1974 Federal State, Rule of Law and Democracy as Topic of Constitutional Reforms , Journal for Foreign Public Law and Völkerrecht 37 (1977), p. 405 ff.
  11. ^ André Thieme: The concept of federalism through the ages - an approximation . In: Michael Richter, Thomas Schaarschmidt, Mike Schmeitzner (ed.): Länder, Gaue and districts. Central Germany in the 20th century . First edition. Mitteldeutscher Verlag, Dresden 2007, p. 17 .
  12. ↑ Peter Pernthaler : General state theory and constitutional theory . Springer, Vienna / New York 1996, p. 288.
  13. ↑ See EA Hausteiner u. a., Federalism , in: From Politics and Contemporary History , 28–30 / 2015 with numerous references.
  14. ↑ Reinhold Zippelius , Allgemeine Staatslehre , 17th edition, §§ 3 III 4; 35 II 2; 38, especially IV 1.
  15. ^ Theodor Schweisfurth , Völkerrecht , Mohr Siebeck, Tübingen 2006, ISBN 3-8252-8339-9 , p. 36 f.
  16. ↑ See Helmut Rüdiger : Föderalismus, contribution to the history of freedom , AHDE-Verlag, Berlin 1979, ISBN 3-8136-0001-7 .
  17. ↑ Peter Josika: A Europe of Regions - What Switzerland can do, Europe can also ( Memento of November 6, 2014 in the Internet Archive ), IL-Verlag, Basel 2014, ISBN 978-3-906240-10-7 .
  18. ↑ See Reinhold Zippelius, Die Modernität des Föderalismus (1988), in: Law and Justice in the Open Society , 2nd edition, Berlin 1996, chap. 20; ders., Allgemeine Staatslehre , 17th ed., §§ 3 III 2–4, 23 III, 38.
  19. ↑ See Reinhold Zippelius, Control of Self-Control. On the function of the legal order of competencies , in: Journal for Public Law 57 (2002), pp. 337–348; ders., Allgemeine Staatslehre , 17th edition, § 3 III 3.
  20. ↑ So Reinhold Zippelius, Das Wesen des Rechts , 6th edition, chap. 3 b; in detail: Allgemeine Staatslehre , 17th edition, §§ 3 III 2, 3, 4 a; 23 III; 38; on the hierarchical structure of competencies: Karl Steinbuch , course correction , 1974, p. 30 ff.
  21. ↑ Zippelius, Allgemeine Staatslehre , 17th edition, § 23 III 1.
  22. ↑ Zippelius, Allgemeine Staatslehre , 17th edition, § 40 V 2 b.
  23. ↑ Zippelius, Allgemeine Staatslehre , 17th edition, § 23 III 1.
  24. ↑ Cf. Ingo von Münch , Ute Mager : Staatsrecht I. State organization law taking into account the references under European law. 7th edition, Stuttgart 2009, p. 370 ff.
  25. ↑ Zippelius, Allgemeine Staatslehre , 17th edition, § 9 IV, § 39 I 1, II.
  26. ↑ Klaus Stern : The State Law of the Federal Republic of Germany , Volume 1, § 19 II 4, p. 660.
  27. ↑ In addition Arthur Benz , The modern state. Basics of political analysis , Oldenbourg, Munich 2001, p. 107.
  28. ↑ See Schweisfurth, Völkerrecht , Tübingen 2006, 1st chapter. § 8.II.1 Rn. 128 .
  29. ↑ Katharina Holzinger, in: dies./Christoph Knill / Dirk Peters / Berthold Rittberger / Frank Schimmelpfennig / Wolfgang Wagner (eds.), The European Union. Theories and analysis concepts , Schöningh / UTB, Paderborn 2005, ISBN 3-8252-2682-4 , p. 83.
  30. ↑ Michael Wolffsohn: For world peace. A political draft , dtv Verlag, Munich 2015, ISBN 978-3-423-26075-6 .