THE FEDERAL GOVERNMENT:

1
THE FEDERAL GOVERNMENT

• Sharing power at the center

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Organization of session

• Forum of Federations video, Module 2, Sharing
  Power at the Centre
• Lecture theory and comparison
• Discussion strengths and weaknesses of the Iraqi
  constitutional design in light of comparative
  experience
• CRC and UNAMI comment

3
Building in

• Building out empowering groups through the
  creation of strong, effective regional
  governments
• Building in strengthening unity through the
  ways in which the central government is designed
  and operated
• Give regions sense of ownership, belonging in
  national government
• Eases fear of slippery slope

4
Principles

• In a diverse society, it is critical that the
  central government be
• Representative of all groups and sectors of
  society
• Inclusive -- everyone must have a voice in the
  national government
• Effective able to make and implement policies
  that serve the whole country
• Legitimate in the eyes of citizens and other
  governments
• Article 49 All components of the people to be
  represented

5
Majority rule and power sharing

• In a diverse society, simple majority rule means
  that minorities may be excluded, marginalized
• This may make central government illegitimate in
  eyes of minorities
• Result may be minority rejection of democratic
  practice or minorities turn to regional
  governments to protect them from majority tyranny
  at the center
• Power sharing at the center is a primary unifying
  device in divided systems strengthens, not
  weakens central government

6
Power-sharing and institutions

• Institutional arrangements affect the ability of
  the central government to be inclusive and
  representative. These include
• How central governments are selected electoral
  systems and political parties
• How they are organized presidential and
  parliamentary systems
• One party or coalition cabinets
• The role of second chambers specifically designed
  to represent regions
• Judicial systems
• Representative bureaucracies

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Electoral systems/1

• Comparative literature agreed on
• Proportional systems better able to represent
  minorities. Even small groups can get seats and
  a voice in legislature.
• Single member systems (Canada, UK) can create
  large distortions between votes and seats.
• Can create a government with only minority
  support, or that lacks representation from
  important groups and regions. (Canada sometimes)
• Create one-party cabinets that may represent only
  majority group

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Electoral systems/2

• PR systems tend to create multi-party coalition
  cabinets big benefit more inclusive
• May make formation of government and development
  of clear, coherent policy difficult a dilemma
• May lead to many small parties appealing to
  narrow interests, and weaken parties that seek
  broad cross-group coalitions
• Which is the right trade-off in divided
  societies in Iraq? PR is chosen right
  decision?

9
Organization of Government/1

• Basic distinction is between parliamentary and
  presidential systems
• Power concentrated vs. power dispersed big
  question given Iraqs history
• Comparative research suggests parliamentary
  systems work best in diverse societies.
• Why? Presidential system may place too much
  power in hands of a member of one group
  parliamentary spreads power more

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Organization of Government/2

• But there are many variants on these models
• In presidential systems the rules can require
  that the president be elected only with broad
  support across regions (Nigeria)
• Or have a shared presidency, or a rotating
  presidency, or rules that distribute leadership
  positions across groups (as in Switzerland and
  Iraq today
• Again no one model meets the larger goals of
  inclusion, proportionality, legitimacy
• Iraq history suggested a weak president -- too
  weak?

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Organization of government/3

• The organization of Cabinets and Ministers
• In single party cabinets, danger that important
  regions are left out
• Less danger of this in coalition cabinets
• May be legal requirements for representative
  cabinets (e.g. South Africa Government of
  National Unity) or informal norms and
  traditions.
• E.g. Canada strong tradition of representing
  each province in cabinet increasing tradition of
  ensuring representation of other groups (women,
  new Canadians, aboriginal peoples, etc.)

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Organization of government/3

• The public administration
• It is critical that the non-elected central
  government officials, civil servants, be
• Representative of all the major groups in the
  society
• Able to serve all the members of the society in
  their own language, and in culturally sensitive
  ways
• Hence importance of recruitment, training,
  language use in the public service
• Recall Belgium proportionality in
  representation plus language ability
• Plus linguistically homogeneous regions

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Organization of Government/4

• The judiciary
• In a federal system, a crucial role for the
  judiciary is to act as umpire between orders of
  government
• Therefore must be seen as impartial
• Courts as servants of constitution and citizens,
  not as servant of government. Not servant of any
  one government
• Key issues appointment of judges (by whom)
  regional representation on court jurisdiction
  independence dual or unified legal system
• Legitimacy, enforcement

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Second chambers in federal systems/1

• Senates in Canada, US, Australia, etc.
  Bundesrat in Germany, National Council of the
  Provinces (South Africa), etc.
• Second chambers vary in terms of
• Method of selection
• Distribution of seats
• Term lengths
• Powers
• Role in the federal system

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Second chamber roles

• In a federal system
• To help central government pay attention to
  regional interests
• To ensure regional representation at center
• To give greater weight to smaller regions
• To assist in coordination, cooperation between
  regional and central governments in some
  countries, plays an important role in
  intergovernmental relations

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Many other roles for second chambers

• Second chambers are not only an element of
  federalism. They also serve other roles
• Check on tyranny or majority separation of
  powers
• Chambers of sober second thought (Canada)
• Ratification of treaties
• Preserving independence of Electoral Commission
  and other such agencies
• Representation of other minorities aboriginal
  peoples, immigrants, etc.

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Second Chambers/2

• Methods of selection
• Appointment
• By the central government Canada. Failure,
  calls for reform in Canada
• By the regional or provincial governments.
  Germany (Bundesrat) South Africa (NCOP)
• Primary role of provincial appointment
  intergovernmental coordination provincial voice
  in national framework legislation
• Represents governments, not people

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Second Chambers/3

• Methods of selection elected
• Represents people, not governments seems more
  democratic US, Australia, Iraq
• Method and timing of elections is critical
• If same as lower house, Senate likely simply to
  duplicate the lower House and make little
  contributionquestion for Iraq?
• Hence usually different election systems
  different term lengths, etc.
• May link to provincial not federal elections

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The German Bundesrat

• A fully federal body
• Members are regional executives
• Designed to achieve intergovernmental
  coordination
• In a system with many shared powers
• Weaknesses in terms of democracy? A useful trade
  off?
• Borrowed by South Africa --NCOP

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Second Chambers/4

• Numbers
• Distribution of seats in representative chamber
  (COR) is proportional to population
• Second House may be used to temper the power of
  larger units, and to give greater voice to
  smaller units
• Methods equal representation of regions (US)
  two Senators per state, large or small
• Greater weight for smaller provinces, but not
  equality. (Canada, Germany, Australia)
• Illuustates double role of equality in
  federations equality of individuals, equality
  of constituent units

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Second Chambers/5

• Powers
• Equal to first chamber e.g. US. Potential
  problems deadlock in divided government
  departure from majority rule
• Equal to first chamber, with over-ride. First
  Chamber can over-ride laws or amendments by
  second chamber, usually with a super-majority
• Limited powers role of second chamber focused
  on laws by central government that have major
  effects on units. Germany, South Africa

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Second chambers/6

• Length of term
• Same as lower House
• Longer terms -- US
• Life (to 75) Canada

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Canada debates Senate reform

• Method of appointment federal. Seen as
  illegitimate
• Result equal powers in law not in practice
• Alternatives election, provincial appointment
• Numbers fast-growing regions want more
  representation some want equal representation
  like US
• Terms proposals for shorter 8-10 years
• Representation of different interests women,
  Aboriginals, immigrants, etc.

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The Federation Council in Iraq/1

• Not well-developed in 2005 constitution
• CRC improvements
• Will be in constitution, not a creation of the
  Council of Representatives
• Will be elected (not representatives of regional
  governments). Pro and con.
• Provides for larger representation of smaller
  units, but without detail
• Term of office 4 years. Less than most
  federations.

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The Federation Council/2

• Powers
• Can propose laws
• Can consider laws related to regions and
  Governorates not all laws. How decide?
• If Council and Representatives cannot agree, COR
  may prevail with 2/3 majority
• Must approve appointments to major judicial
  positions, and Chairpersons of major independent
  institutions
• Questions Has the CRC got it right?
• UNAMI Big improvement. But indirect election
  better.
• Region/governorate distinction unclear.

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Conclusions

• Basic point to be effective the central
  government must be fully representative and
  reflect principles of power-sharing
• At the same time a national government needs to
  be able to make national decisions, articulate
  national goals, and provide leadership to the
  whole country
• Are these roles undermined, or promoted, by the
  representative, power-sharing model?