Constitutional and legal foundations of territorial integrity in federal states: historical and legal analysis

Abstract

The article explores the constitutional and legal foundations of the territorial integrity of the federal states, focusing on historical and contemporary examples. The authors examine cases of successful and unsuccessful secession, as well as legal mechanisms used to prevent separatism. We take Spain, the USA, Canada, India, and Germany, as the examples to analyze the role of constitutional provisions in maintaining state unity. A key aspect of the study is the distribution of competencies between federal structures and federation subjects, which ensures a balance of interests and prevents internal conflicts. A great attention is paid to the principle of subsidiarity and the role of federation subjects in governance, contributing to the preservation of territorial integrity. The authors emphasize the importance of integration mechanisms and constitutional guarantees in maintaining the stability of the federal states. The article establishes that the territorial integrity of federal states is ensured through a set of constitutional and legal norms that regulate the relations between federal authorities and the subjects of the federation. These norms include a clear distribution of competencies, where federal authorities are responsible for national issues such as defense and foreign relations, while the subjects of the federation have powers in local governance. The principle of subsidiarity involves the participation of the federation’s subjects in state governance, ensuring a balance of interests and preventing internal conflicts. Additionally, the supreme legal authority of the federal constitution, mechanisms of federal intervention in case of threats to integrity, and the unity of the economic space all contribute to the stability and unity of the federal state, effectively countering separatist movements. It is determined that the participation of federation subjects in the process of constitutional amendments guarantees their representation and protection of interests, preventing unilateral changes in the state structure. The state language plays an important role, promoting national unity and preventing ethnic conflicts, which is critical for multinational federations. Furthermore, the representation of federation subjects in the national parliament ensures their influence on key decision-making, promoting more balanced policies and strengthening ties between the central government and the regions.