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Comparison between American federalism and German federalism

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George Burdeau observed that a federal state is a state "where a plurality of ideas of law contributes to the establishment of federal state power even as they rely on materials constitutionally determined, by the power of particular state communities." Federalism, therefore, unites these two observations. First, it consists of two types of statements that overlap and share skills. The major federal systems in the world are based on the U.S. federal system, for example, the federal systems incorporated in Germany and Switzerland. This study is confined to the example of Germany and America. Historically, in 1291, federalism was born with a permanent defensive pact between Swiss cantons, which was the origin of the Swiss Confederation.

It was not until five centuries down the road that one got to see a constitution proclaiming a federal model, still valid since its inception in 1787 with the U.S. Constitution. As for Germany, it is in 1949, after the 2nd World War, that one witnessed the creation of the Federal Republic of Germany (FRG). So one will see that federalism is a historical concept bearing much importance to the political and social context.

By definition, the term ?federalism' comes to appoint a conventional act by which two or more political groups are a common polity. This new identity is also known as federation or federal state. Federalism is a model of political organization in which government operations are divided between regional governments and central government, so that each type of government decides on its mode of organization. Federalism is a search for balance between respect for diversity and need for unity, between separatism and mutualism. In 1932, George Seal identified the principles on which federal systems work. They are three in number. This is the principle of superposition, the principle of autonomy and the principle of participation.

A federal state is characterized conclusively, for a determined operation and structure. It was thus a relationship between institutional levels. Federalism is based on the principles Scelle has identified, with a constitution that recognizes the authority of both states. In addition to the above operation, the federal solution is used for specific purposes, or to form a nation-state as is the case in Germany or the USA, and to maintain a close political centralization. It is thus noted as a strong similarity between all schemes based on federalism. Thus, it also raises the question of whether there are one or more modes of federalism.

The study of differentiation will be between two federations, the U.S. and the Germanic. We must keep in mind that the differences in federalism between these two states have little influence on the nature of federalism. But even if these two systems are distinct, one will see common features related to the nature of federalism.

Tags: Federalism; comparison between Germany and United States; definition of the term federalism; principles of federalism, George Seal, Federal Republic of Germany (FRG).

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