Federal Structure Research Articles

Centre–State Relations in India: An Appraisal During Covid-19 Period

The framers of the Indian Constitution have tried to establish a federal system in which there is less of contradictions and more of coordination between the Union and the states. Accordingly, there is a clear division of powers between the States and the Centre in the Constitution. This arrangement has been in operation for more than seventy years. The changing sociopolitical and economic conditions have affected these relations at different phases including the Covid-19 pandemic crisis. The Indian federal structure was put to test during this period. However, during this pandemic period, both conflict and coordination in the Indian federal system have been noticed. In the initial phase of the pandemic, there was a clear conflict between the Centre and the states as the states were almost ignored in policy decisions and their implementation. Unilateral and all-of-a-sudden nationwide lockdown was imposed by the Centre during the first wave of the pandemic, but later on, a more reciprocal relationship evolved regarding the supply of essential medical inputs, advisories, medicines and medical equipments, issues related to migrant workers, etc. The Supreme Court of India had to intervene with stringent observations to regulate these relations for an effective and efficient disposal of various services to counter the pandemic outbreak. Therefore, during the pandemic, in spite of conflicts and challenges, cooperation by and large, prevailed in the Indian federation. The present research article evaluates the nature of the Indian federation, Centre–State relationships, particularly to deal with problems like that of the Covid-19 pandemic along with appropriate remedial measures.

THE SOCIAL IMPACT OF STATE RESTRUCTURING IN NEPAL

This study delves into the effects of political reform in Nepal, particularly the shift from a centralized unitary system to a federal structure. While political parties initially didn't prioritize restructuring in their agendas, movements like a decade long Maoist war and the Madhesh uprising played a pivotal role in driving this change. The research aims to understand how these political shifts have influenced Nepali society, especially in remote villages with a strong history of political activism. Combining primary qualitative data from local communities with secondary information from existing literature, the study employs descriptive and analytical methods to explore the social consequences of state restructuring over time. By examining both historical context and present realities, the research sheds light on the complex relationship between political changes and societal behavior in Nepal. Ultimately, the findings offer valuable insights into the diverse impacts of political restructuring on Nepali society, enriching our understanding of its socio-political landscape.

Az európai regionális integráció jövője. Kormányzási és elosztási dilemmák

The cornerstone of the global system, as well as the EU, is the principle of the sovereign equality of states. However, states are far from being equal. This paradox is one of the main obstacles to the smooth functioning of international organisations, including the EU. Sovereigntist critics of the EU pretend that national competencies are sacrificed in exchange for co-operation and joint governance at a larger scale. In reality, EU membership has widened the scope of member states’ sovereignty: they are better informed and can take part in decision-making at the European level. However, the EU’s decision-making power has weakened for two main reasons. First, EU competencies have been watered down: exclusive union competencies exist only in five sectors, in parallel with a large and growing number of mixed and shared competencies. As a result, EU decision-making tends towards intergovernmental methods, and consensus seeking opens the way for veto players. Second, after the end of the Cold War, in the 1990s, many new states were formed because of the dissolution of former federal structures. In place of the Soviet Union, Yugoslavia, and Czechoslovakia 24 new states have taken form so far, 19 out of them Europeans, and the majority is attracted by the EU. The EU member states from the former eastern bloc which have Soviet-type political, economic, and social heritage, have ‘imported’ their unsolved – internal and external – conflicts into the EU. After the European elections in 2024 and the renewal of the European Parliament and the European Commission, those institution should undergo a ‘slimming diet’ and speed up decision-making by extending qualified majority voting. This is an absolute precondition of further enlargements.

Climate adaptation law: a European perspective

AbstractIn contrast to climate protection law, which regulates the mitigation of climate change, climate adaptation law deals with the management of the unavoidable consequences of climate change. This article provides an overview of its legal basis from a European perspective. In addition to international law, especially the Paris Agreement, EU law is of central importance in this respect. It is primarily shaped by the EU Climate Law enacted in 2021. However, this Law only sets a general framework and is further defined by legal acts of various sectoral policies, especially in the field of environment. Climate adaptation regulations at the level of European member states are presented using the example of Germany, where a Federal Climate Adaptation Act is currently being drafted. Due to Germany's federal state structure, state legislation is also analysed. Most of the German states (“Länder”) have their own climate laws, although their content varies. The municipal level is only addressed with restraint in these laws. The reasons for this are of a fiscal constitutional nature and will be explained in more detail.

Федеративная модель Церкви в западном богословии

The author attempts to reconstruct in the most general detail the history of the application of federative terminology to the description of the structure of the Christian Church. The concept of federation appeared in the 18th century in the works of Protestant church historians who believed that the formation of the initial church structure was modeled on the federative political structures that emerged in Greco-Roman antiquity. Further mastering of the relevant political terminology by church authors was facilitated by the formation of the theory of political federalism in the 19th century and its popularization in the political and public life of many states. The author shows how since the end of the 19th century the concept of federation has been applied to the church constitution at its modern stage. This practice was especially characteristic of the representatives of the Anglican Church, in whose official rhetoric the image of federation took an important and prominent place. It was in the midst of the Anglican Church that the formula of the Church as a federation was born. Thanks to Protestant influence, federative terminology enters the language of ecumenical theology, being used there in particular to denote an intermediate form of ecclesiastical union. However, federative formulas in ecclesiology were accompanied by constant criticism, mainly for allegedly bringing with them alien and profane associations. An irreconcilable position was taken by Catholic authors, who for a whole century have been developing a theological refutation of ecclesiastical federalism. Under the influence of their criticism, as well as significant historical and ideological changes, the image of federation gradually disappeared from the language of Christian theology, surviving ultimately in the form of a general and unanimous denial that the Church is not a federation. The author is trying to show that despite some artificiality in the use of federative terminology, there were certain theological insights behind its use concerning the status of particular Churches and the nature of their mutual unity. These intuitions were largely ignored by the general development of ecclesiology in the twentieth century with its main interest in the global and universal dimension of the Church.

Historical background of the law enforcement bodies development of the USA, Great Britain, and Ukraine

The article is devoted to the study of the historical formation of the law enforcement system of the USA, Great Britain and Ukraine on the basis of a comparative legal analysis of the key stages of the law enforcement agencies genesis.
 It is proved that the formation of the system of law enforcement bodies in a certain state is determined by the peculiarities of the state-legal system of this state and existing historical events, which became a trigger for changes both in regulatory and legal regulation, and in the implementation of the tasks of law enforcement bodies in practice. The choice as a basis for the analysis of the historical development of the law enforcement system of countries such as Ukraine, the United States of America, and Great Britain derives from one factor, namely the form of the state system, since, in our opinion, there is a hypothesis regarding the influence of the form of the state system on the development of law enforcement bodies on the territory of a certain country.
 On the basis of the applied comparative legal analysis, the essential stages of the development of law enforcement agencies of these states, the regulatory and legal enshrining of their competence, and the peculiarities of the practical implementation of their functions were studied and analyzed.
 It is justified that the historical development of states, their political interaction on the historical arena with other states, the development of economy and trade influenced and still influences the speed and intensity of the development of the law enforcement system. Thus, the belonging of the territories of Ukraine to different states caused the multi-stage formation of its law enforcement system as well as the obtaining of various foreign practices of its legal regulation. The administrative-territorial structure of the states, which was determined during the analysis of the experience of the United States of America, has no less influence: as a result of the federal structure of the state, we can talk about a three-tier system of law enforcement bodies at the level of the federation, individual states, and at the local level. The historical development of Great Britain contributed to the formation of various independent bodies within the law enforcement system, which was not observed in other studied states.

Understanding health system resilience in responding to COVID-19 pandemic: experiences and lessons from an evolving context of federalization in Nepal

IntroductionThe COVID-19 pandemic has tested the resilience capacities of health systems worldwide and highlighted the need to understand the concept, pathways, and elements of resilience in different country contexts. In this study, we assessed the health system response to COVID-19 in Nepal and examined the processes of policy formulation, communication, and implementation at the three tiers of government, including the dynamic interactions between tiers. Nepal was experiencing the early stages of federalization reform when COVID-19 pandemic hit the country, and clarity in roles and capacity to implement functions were the prevailing challenges, especially among the subnational governments.MethodsWe adopted a cross-sectional exploratory design, using mixed methods. We conducted a desk-based review of all policy documents introduced in response to COVID-19 from January to December 2020, and collected qualitative data through 22 key informant interviews at three tiers of government, during January-March 2021. Two municipalities were purposively selected for data collection in Lumbini province. Our analysis is based on a resilience framework that has been developed by our research project, ReBUILD for Resilience, which helps to understand pathways to health system resilience through absorption, adaptation and transformation.ResultsIn the newly established federal structure, the existing emergency response structure and plans were utilized, which were yet to be tested in the decentralized system. The federal government effectively led the policy formulation process, but with minimal engagement of sub-national governments. Local governments could not demonstrate resilience capacities due to the novelty of the federal system and their consequent lack of experience, confusion on roles, insufficient management capacity and governance structures at local level, which was further aggravated by the limited availability of human, technical and financial resources.ConclusionsThe study findings emphasize the importance of strong and flexible governance structures and strengthened capacity of subnational governments to effectively manage pandemics. The study elaborates on the key areas and pathways that contribute to the resilience capacities of health systems from the experience of Nepal. We draw out lessons that can be applied to other fragile and shock-prone settings.

The main directions of the study of federalism in the Russian legal science of the 1920s

The subject of the study is the theory of federalism in the Russian legal science of the 1920s. The purpose of the article is to reconstruct the theories of federalism of the 1920s based on the study of a wide array of publications of this period. The research methodology includes the following methods. The chronological method allowed us to distribute legal facts and their interpretations in chronological order. The comparative legal method was used to compare legal phenomena and institutions of different periods. The method of hermeneutics was used in the interpretation of texts.The following scientific results were obtained.The 1920s were a special period in Russian legal science. The ideological demands of the Soviet government formulated an urgent scientific agenda. At the same time, the political regime of this period allowed for relative freedom of scientific activity. The discreteness and continuity in the study of the problems of federalism are noted. In Soviet conditions, the federal theme was of particular relevance because of its practical significance. The development of the theory of federalism was carried out simultaneously with the approval of the Soviet federal state, the legal consolidation of relations between its subjects. The organizational center for the study of the theory and practice of federalism was located in the system of academic scientific institutions.The problems of federalism in the legal perspective were studied within the framework of state law. In addition, they were part of the subject of a new complex industry, which became known as "Soviet construction".Publications of the 1920s reflected the interdisciplinarity of research interpretations. In the comparative legal aspect, the theory of federalism and types of federations were studied. In the political aspect, the features of the Soviet federation, its differences from the federations of the bourgeois type were studied. The practice of Soviet construction was analyzed and generalized from a practical perspective. The key research issue of the 1920s was to determine the legal nature of the Soviet Federation. Definitions of the legal nature of the RSFSR and the USSR were given. An important conclusion was made about the continuity and continuity of the forms of the Soviet federation. Many questions remained debatable. Clarity was not achieved on the following issues: on the composition of the subjects of the RSFSR; on the combination of national and state sovereignty. For the first time, the question of the place and role of the historical Russian center within the USSR was raised. During the period of the 1920s, priorities in the study of the problems of federalism changed. At the beginning of the period, the main attention was paid to the study of the federation as an effective way to solve the national issue. The federal structure was considered a transitional form of the Soviet state. A state built on the principles of proletarian internationalism was declared promising. At the end of the 1920s, the concept of a large unified state was most actively developed. It was proved that within the framework of the USSR, national demands are satisfied and the interests of all nations are respected.

Прогностический подход в процессе совершенствования личностного и профессионального уровня педагогов с учетом развития региональной образовательной системы

The article is devoted to the study of the issue of a prognostic approach in the process of improving the personal and professional level of teachers in view of the development of the regional educational system. One of the features of the socio-political development of the Russian education system today is the qualitative renewal of the federal structure of our state. Modernization and reform of the educational system in the constituent entities of the Russian Federation is justified by the increased responsibility of the regions for the quality of education and the need for integration into the educational space of the state. The regional education system of the various republics of the Russian Federation, having certain general invariant characteristics, always remains conditioned by geographical, economic, sociocultural, national-ethnic, and confessional specifics. The formation of regional labor markets is relevant, and the most important task of the process of improving the personal and professional level of teachers is to take into account the specifics of the regional educational system of vocational education, ensuring the social protection of teachers by introducing regional production specifics into the content and organizational forms of this type of activity.

Федерализм и местное самоуправление: единство смыслов

In the article the question of correlation of such foundations of constitutional system of the Russian Federation as federal state structure and institute of local self-government is considered. Having a single public-legal nature based on the principle of democracy, the two facets of the constitutional legal order organically combine and contribute to the development of the entire public-legal system.

The Carried-Off and the Constitution: How British Harboring of Fugitives from American Slavery Led to the Constitution of 1787

AbstractAccounts of the factors that led to the drafting of the U.S. Constitutional Convention have focused on Congress' failures to levy taxes, regulate commerce, and provide security against internal unrest and foreign encroachments. Left out from history are the attempts of the founders to force Britain to return thousands of escapees from slavery they sheltered. Patriot state leaders tried to coerce the return of all fugitives from slavery evacuated with the British army by blocking payment of debts to England in violation of the Treaty of Paris. Such actions ultimately caused the breakdown of the agreement and exposed the structural inability of the Congress to enforce the terms of a duly ratified treaty over intransigent states. Ultimately, the issue of the “carried off” and with it the nation's ability to conduct foreign policy, was the paramount issue that could only be resolved by a fundamental restructuring of the federal structure of government.

Federalism and the Notwithstanding Clause

This paper looks at possible responses to section 33 that could deeply affect the country’s underlying federal structure. It discusses three responses — disallowance, judicial review, and formal constitutional amendment — that have either arisen in public discourse or, I argue, warrant serious consideration. The ultimate goal of the paper is to offer a more complex way of thinking of about section 33 focusing on its relationship to Canadian federalism and, by implication, to the future course of the country’s democratic constitutionalism.

The Predicament of Ethnic Federal System

The paper inquiries into ethnic federalism in lights of ethnic conflict and federal constitutional viability. It raises the basic question why some ethnic federations are successful in regulating ethnic relations while others are not. The history of federations has ample evidences that ethnic conflict, encompassing ethnic tensions and direct violence conflicts, causes and be caused by the failure of ethnic federalism. How a given ethnic federal system designed to adjust ethnic relations could self-contradictory induce far-reaching communal ethnic conflicts and ethnic based anti-regime activities is an interesting question. Answering that, the paper has given due consideration to the practices of defunct, fragile and mature ethnic federations and to the relevant conceptual and theoretical-back standings. The differences in the viabilities of these federations have shown the complicacy of ethnic federalism in meeting with the convulsive interplay between ethnic conflicts and federal system stability. In that regard, the paper finds seven factors: the democratic representativeness of federal structures, political parties, inclusive and overarching identities crossing ethnic lines, ethnic demographic shares, number of ethnic federal units and their ethnic composition, ethnic federal unit symmetry and geo-political setting. The concussion goes that ethnic federal design is not always an antidote for ethnic based claims and counter-claims. It rather could exacerbate the condition of ethnic politics, if it lacks those political, institutional and social ingredients inferred from the indicated factors.

Unlocking the Potential of German Smart Cities: Strategy Analysis through Online Content Examination

This paper presents a comprehensive analysis of smart city strategies in Germany through the examination of online content. Smart city initiatives have gained significant attention worldwide as urban areas seek innovative solutions to address various challenges. In Germany, renowned for its technological achievement and commitment to sustainability, has witnessed the emergence of numerous Smart City projects. The aim of this study is to investigate the current status of Smart Cities strategy initiatives in Germany based on a sample of 82 cities. To achieve this, an online content analysis methodology is employed, using the official web presences of the selected cities and information published on them. The content analysis focuses on identifying empirical evidence related to digitalisation, data and governance, and obtaining their transparency and progress in a sample of 82 major German cities. The findings of this study reveal the diversity and richness of German smart city approaches, but also a varying degree of sophistication and transparency of strategic initiatives. As an expression of Germany's federal structure, the cities focus on different aspects, such as mobility, energy efficiency or data-driven administration. The insights gained from this online content analysis provide valuable guidance for policymakers, urban planners and stakeholders involved in the design of smart city strategies. By understanding the strengths and weaknesses of existing initiatives, policymakers can refine their approaches, address challenges and promote sustainable and inclusive urban development. Furthermore, this study contributes to the academic discourse on smart cities by providing empirical evidence on the implementation of strategies in a German context. Overall, this study contributes to a deeper understanding of the German smart city landscape and serves as a basis for future research, policy formulation and the pursuit of smarter and more liveable cities.

Vision-aided intelligent and adaptive vehicle pose estimation during GNSS outages

In this paper, a novel multi-information fusion methodology is proposed for vehicle pose estimation. The purpose is to improve the pose estimation accuracy during global navigation satellite system (GNSS) outages, mainly from two aspects: (1) extra observations of accurate velocities and angular rates without cumulative errors; (2) adaptive and intelligent fusion. Firstly, a multidimensional motion perception network (MMPN) is designed in order to estimate the velocities and angular rates. At the same time, the motion state is also output. The inputs of the network are two consecutive images. Thus, the estimated velocities and angular rates are not affected by cumulative errors. Besides, because the corresponding velocities and angular rates measured by high-quality inertial measurement unit (IMU) with low noise and drift are used as the training samples, the accuracy of the estimated velocities and angular rates are guaranteed. Further, an unscented Kalman filter with federal structure (UKF-F) with different motion models is designed for pose estimation. The local filters of UKF-F use the current probabilities of belonging to the motion patterns output by the MMPN as the information-sharing factors. Thus, the fusion is adaptive to the actual vehicle motion state. In addition, a gate recurrent unit (GRU)-based error compensation module is introduced to further reduce the position errors during GNSS outages. The GRU-based module is trained offline with the input of MMPN and IMU observations. Due to the advantages of time series forecasting, the GRU-based module can accurately predict the position error of IMU/MMPN integration online. The KITTI dataset with different driving scenarios is used to confirm the feasibility of the proposed methodology. The results of the experiments verify that the proposed methodology can achieve precise vehicle pose estimation during GNSS outages.

Policy mechanisms for interlocal service delivery: management perspectives in the USA and Norway

PurposeThis study comparatively examines the collaborative policy mechanisms for interlocal cooperation (ILC) utilized by municipal managers in Nebraska, USA, and Norway. The research addresses differences in ILC, factors of national setting and implications for ILC management in public service delivery.Design/methodology/approachOver a seven-year period, the researchers collected data from 16 communities in the two countries to observe perceptions and usages of ILC. Using a policy tools theoretical framework, the authors apply a typology of collaborative mechanisms for comparative analysis.FindingsThe findings suggest that institutional orientations in the USA and Norwegian systems of government affect managerial approaches to collaborative service delivery, namely the operationalization of local governments within federal and unitary structures may influence perceptions toward the formality and specificity of ILC policy mechanisms.Originality/valueThis study offers further understanding of ILC mechanisms for public sector management. Theoretical and practical implications of ILC in a comparative international context of governmental systems for collaboration are explored.

Variations in Foreign Labor Policies: A Comparative Analysis of Malaysia and Singapore

This comparative study delves into the foreign labor policies of Malaysia and Singapore, two prominent host countries for foreign workers in Southeast Asia. Despite their historical, cultural, and developmental similarities, these nations exhibit variations in the efficiency of their foreign labor policies. Employing the Most Similar System Design (MSSD) approach, this research explores three key explanatory variables: economic factors related to industrial structures, differences in governance systems, and cultural backgrounds. The study finds that these factors significantly shape the formulation and effectiveness of foreign labor policies. The analysis reveals that Singapore outperforms Malaysia in leveraging foreign worker policies to drive economic transformation, enhance competitiveness, and manage the impact of foreign labor. Factors contributing to this discrepancy include the divergence in industrial structures, variations in governance systems, and the influence of cultural backgrounds. Singapore's unitary system, focus on high-skilled foreign workers, and non-racial political landscape contribute to its policy efficiency, while Malaysia's federal structure, lowerskilled labor demand, and communal politics impact its policy effectiveness.

Health Equity through Structural Adjustment by Nepal for Public Health

The study states at Nepal's healthcare system, emphasizing structural changes and obstacles to enhanced health of people. The federal system prioritizes social determinants, healthcare personnel, quality access, community involvement, and the impact of globalization on health while providing comprehensive services despite decentralization and collaboration. With an emphasis on social justice and the promotion of public health, this paper investigates Nepal's healthcare system and health equity in the context of globalization. Reviewing data, policy, implementation, and literature assists it to analyze and draw conclusion. In discussing Nepal's shift from a unitary to a three-level federal government structure, the article highlights the consequence of developing policies and programs that promote social justice and equity in health. In addition to calling for a massive effort by the public health community to discuss and analyze health crises related to globalization and develop social justice-based strategies for a world where health for all is a reality, it suggests that a single strategy should be developed to address health crises.

Kathmandu-centric Dateline of Nepali Media

It has been almost a decade since the federal system started to be practiced in Nepal, ending the centralized governance system. But there is no reflection of federal structure in media sector. Kathmandu-based main stream media are still operating with centralized mindset. This study has employed theoretical framework of diversity in democratic governance. Qualitative approach has been used to analyse issue after key informant interviews and content analysis of four national dailies consisting government owned and privately operated. The study shows that the front pages of newspapers are widely dominated by the Kathmandu-centric bylines and the media contents are predominantly Kathmandu-centric.

Keterlibatan Australia dalam Perang Pasifik & Pengaruhnya terhadap Kehidupan Politik Ekonomi Australia (1941-1945)

Australia was involved in the Pacific War that occurred in 1941-1945 together with England, America and the Netherlands. The countries joined in the Allies against Japan. The occurrence of the Pacific War had effects on Australia’s political and economic life. This study aimed to investigate: (1) the Pacific War; (2) Australiain the Pacific War; (3) the effects of the Pacific War on Australia’s political and economic life. The study used Kuntowijoyo’s historical research method consisting of several stages. The first stage was to determine the research topic. The second stage was heuristics or collection of sources. The third stage was source verification or criticism. The fourth stage was interpretation or the process of interpreting the historical facts found. The last stage was historiography or history writing. The results of the study were as follows. (1) The Pacific War was the war of Japan against the Allies in the Pacific region. Japan was defeated by the Allies in the battle of the Coral Sea and then surrendered to the Allies on 14 August 1945. (2) In the Pacific War Australia was a strategic place for the American defense. Australia and America worked together against Japan, and Australia made the Solomon Islands as a bulwark to prevent Japan from ruling Australia. (3) The effect of the Pacific War on Australia’s political life resulted in a mixed political style combining British institutions and traditions with America-inspired federal structures. The effect of the Pacific War on Australia’s economic life was that agriculture was considered to have low productivity and was replaced by manufacturing industry.