concept
federalism (Federalism) is both an idea and a system. As the federalism, the federalism, established a unified country, emphasizing a certain degree of power concentration, in fact, a special form of nationalism, its purpose is to establish a unified national country. The federalism system in the form of a national political organization refers to a system between politics between central centralization and loose state. Under the federal system, the original internal and diplomatic self-owned states are integrated into a unified federal country.
Australia, Brazil and India are all countries that implement federal system, and the United States is the longest federal system.
Classification
1, cooperative federal system (or integrated federal system): Cooperative federal system is a federal government, state government, local government together to solve the common problem system .
Germany and the EU are unique examples, because the German state government has direct representatives in the Federal Senate, and the EU Council is composed of a representative of all member states of the EU. Such a lower level government is directly highly involved in policy development of the federal level.
2, binary federal system: The binary federal finance is a clear division of the federal government and the state government.
Specific case
Different from other integrated political theories, the ultimate goal of federalism is more important than the means of achieving this goal. The ultimate goal of federalism is to build a federal country. As an international integrated theory, it hopes to use a global federation to replace loosely loosened United Nations, but the real situation can only begin and limited to establish regional federations.
There are many definitions related to the federal countries, and their core is the distribution of power in different levels of government organizations. McKMackay gives the federalism in the European integration context: federalism is a method of distributing government power to make the central and local governments are independent in a limited range but Mutual cooperation. The method of testing whether this principle is implemented is to see if the central and local authority are independent of each other. The best application of this principle is considered to be in the United States, Australia, Canada and India. Ennest Wistrich proposed a definition of federalism different from McKai in its recommendations: the essence of federalism is the non-centralized power of power, so that it needs to be closer to citizens. The lower government level is satisfied. This definition has not limited federalism to organize state powers in two hierarchies, but emphasizes the possibility of federal multi-layers. Therefore, Vistilich proposed a multi-level rather than the possibility of two-layer federal. The principle of re-defining the federal system is of great significance to the European Union's development in contemporary development, because the principle of "power dispersion" is deduced from the principle of federal administration, is the core of the Mastricht Treaty. The dispersion of power is not violated or amended to the theory of federalism, but the political practice level of the inner logic of federal principles. Regina Dharrison pointed out this connection, the true federalism is the extreme dispersion and redistribution of power between many levels of economic, social and cultural interests. Therefore, federalism has developed in the practice of European integration. However, this kind of power scattered in the European Union cannot be called a typical federation, as power will be dispersed in various forms to different levels.
Ostrum's federalism Theory
has more than 20 federal countries in the contemporary world. At the topic of federalism, there is also a research literature: a comparative study on the world's federal national countries; financial federalism research on economists under the established political system; in constitutionalism, federalism and central government and local governments The legal relationship is also a long-lasting theme. A researcher seems to only limit itself in the above topic and is one of the narrow aspects. However, if the establishment of the US Constitution is the beginning of the modern federalism political system, if the concept of the federal Republican government that is accompanied by the national government and the state and local governments is regarded as a creative breakthrough in political history, Human is created in this system with almost no federalism political practice. The mimics of the US federalism are always less successful for the US federalism. In this regard, there is a quite an attractive explanation: the establishment of the US federalism is determined by the specific environmental and conditions of the United States, and the later people do not have these decisions, so countries should set up from their specific conditions. system. This is a very depth explanation, but the foundation that reaches this deep explanation is suspicious, and the US constitutioners do not have their thoughts. More importantly, this explanation makes the political theory lose its meaning.
What is the approval of federalism? This seems to become a problem at the beginning of research. If we start from another angle, from the perspective of political institutions, it is also the point of view of the US constitutioners. As a political theoretical worker, how can people help people practices in basic political systems or in the Constitution? The system selection is made at the level; what kind of perspective is used, and what theoretical tool is used can be used. This starts avoid depth explanation, and the research is from people to the evaluation and understanding of things, but we have to see if this approach derives profound and objective conclusions.
Political field is a public thing, one of the main concerns of political science is an improvement in the overall social order. For public things, people have brought both ethical requirements or values, and they also hope to achieve success. In this way, the correct value thinking is required to conduct criticisms in the political sector, and the exact knowledge is the real relationship between things, there is no real knowledge, and there is no success in reality. The political philosophy of thinking of justice and the concept of ideas of the values and the exact knowledge of the pursuit of human beings may be combined, is the issue of the citizens in the political society. It is concerned that a political system that is conceptualized as federalism is independently discrete, and the number of government units that have coexisted and overlap the jurisdiction and directly face the individual's personal choice.?
With the above problems, this article began to enter Wenstent. Professor Ostrum. Although Ostrum's federalism, from each individual perspective, it may not be the most profound, but the answer to our top question, and even the guiding theory of the Chinese political system reform, Huge revelation.
Vincent Osterom is a famous professor of Arthur, Indiana, Indiana, a famous political economist and a famous political economist. Ostrum's work is not a matter of comparative political research, in detail and compare the political system known as the federal system. Despite the basis of US experience, he systematically put forward the concept of federalism, outlined the political philosophy of federalism - the theory of political economy. Ostrom believes that the core problem of his concern is how the system constructed in a human society can realize real autonomy, and members of society are not ruled by countries or governments living in society. In other words, how to form an unmanned autonomous order, whether the real meaningful democracy is possible. He believes that in the real self-government system construction, federalism has fundamental importance.
Ostrom's theoretical pursuit and clarify the theory of the social processes after the institutional society, which may be available from Ville and Belman. Support, "Western political ideology is a set of value-justice, freedom, equality and private rights sacred and elucidated, how many incurns have been examined and debated; but equally important There is such a history, what is the necessary institutional structure and procedures, these values can be achieved and harmonious in practice. " "The social theory of the law should explore the social theory of the law to discuss what the Western legal tradition does not even rely on the following beliefs in the national national nationality: it is convinced that there is a letter known as the sacred law in the law of the highest political authority. It is known as a legal system called natural law, also known as human rights; turn over, and explore this belief to rely on the vitality of the country's internal social community (urban, regional and trade union) autonomous legal system and dependent transnational community (The vitality of international business and bank associations, international institutions and churches). This is the theme of Western political thinking, especially the atrial theory of constitutionalism, then is it the problem of Chinese contemporary political theory? We should especially pay attention to: As a politicalist, Ostrum despite the primary economic method to clarify the order model under the federalism, but there is no economic replacement of political philosophy, this tendency, in various economics The family and even James. Both Buganan is obvious. Ostrum's federalism is to integrate traditional constitutionalism and enrich their content.
Perhaps we can regard the federalism as a constant development of the constitutional government system, and the status division of the constitutionalism is in the constitutionalism, but the federalism scores There is a richer connotation with the bail-making, which not only contains the meaning of the mutual restriction between government power, but more importantly, it reveals that the restrictions and effective governance is not contradictory, we don't It is always in a state of justice, democratic and efficiency, and this point of view is advocated by the book of Vern's "Constitutional and Division". The concept of multi-center governance reveals the bureaucratic bureaucracy of the level command structure, not necessarily human pursuit of efficient ways to socially managed, in the appropriate theoretical construction, the coordination of government control and government behavior is not necessarily contradictory This is reversible, but it is very likely to exist in human social order relationship. Based on the above reasons I believe that it may be better in the context of the federalism's basis. Therefore, this theory is called the constitutional federalism to be more comprehensive in the name.
For the specification, it is not able to directly lead to the appropriate institutional design. In particular, in the complicated situation, the model of human relationship is often reversed, so even if it is considered the right value base Theory is not directly constructed from value. For example, the pure learning of decentralization, "" Purely "may be described in order to express this: For the establishment and maintenance of political freedom, the key is to divide the government into legislative, administrative and judicial three or three parts. Three sectors Each department has the corresponding, determined government functions, just legislation, administrative and judicial functions. Every department of the government must be limited to exercising their functions, not allowing the ability to erode other departments. In turn, Those who have three government agencies must maintain separation and different, and no individuals are also a member of one or more departments. " This kind of learning is not the right value premise, but it is not the right decentralization theory of constitutional polish. In a book in Oster Rome, THEORIGINSOFAMERICANCONSTIIOANLISM, I feel that the author of this book ignores the breakthroughs in the 1787 conventions and the theory of institutional construction. The traditional constitutionalism is rich in value-based discussion, but the system constructs may be insufficient, limited government, three rights discrete and other principles often stay in the general principles. In the case of the mutual dependence between the complex group, we are unlikely to talk about the limited government in the sense of "nothing", the government needs action to provide public goods services that have not been envisioned in the past era. We need to consider what kind of conditions, the provision of public goods is just just and efficient. The main efforts of Ostrum can summarize the meaning of constitutionalism and the significance of human society, and efficiently governance.
Ostrum's brief identification of federalism's value is from a special religious school, that is, Jewish and Christian tradition. This may not have any problems in him. For us, you need to ask, whether the value of the constitutional federalism must rely on a special religious saying, universal correct ethical form law or morality as a normative exploration method, is it also our moral discussion in the tradition Once the concept of conceptual clarification, people who are in traditional Chinese will naturally abandon historism, empirical value theory and normative exploration. I think there is a need to distinguish the universal form laws of specifications and the specifications of specific time and space. After the work of all the reflection of all the meaning of our language, we will agree to the universal form of practical exploration in different cultural traditions. As Ostrum said, "Jin Qi as the basic moral rumor, it is strange to lack substantive moral content. It is not as a specific rule, but it is considered to be a method of specification, making People are able to obtain a shared understanding of value terms selected for rules or standards. "
In the thinking of human value problems, if there is a justice that is independent of any individual and authoritative institutions, then this denying the law from a single government or most of the lawsistist statement. Multi-center government institutions can be imagined. The discovery of objective justice is within the institutional design of the principle of justice, this is the basis of the establishment of the judicial review system, and the meaning of the Declaration of the Constitutional Rights is that it provides people with constant interpretation to think about a kind of Special human interrelationships (mutual use of the other party as the purpose of the tools). Whether the federalism's institutional design also has this meaning, I think there may be. The universal form of justice means that in contrast, the inherent consistency required between different levels of rules, at least the consistency of the geometric system, that is, the rules within the small population The way you can use geometric reasoning is inference from a higher level rule. The objective justice mentioned above does not involve specific content, the specific form of federalism should be affected by various value standards with specific meaning, such as democracy, autonomous, equality. As the value system changes the specific content, the specific form of the system will also change. However, the independent and guiding position of the recognition is itself, and regardless of its specific content, it has already had a deep meaning of institutional design.
For us, the work to do is not a specific normative recognition of a certain kind in the West as a general value, and the initial goal is to clarify whether there is generally correct