Comparison between the federalism of Germany and America
The character of a ?federal' state opposes its ?unitary' form. These are two forms of a State. ?Scarcity' of the federal form (twenty federal states among 191) can push us to examine its organization and operation. According to Olivier Duhamel, federalism is the "coexistence of states [Federated States] preserving their identity and their power of self-organization while creating a common superstructure [the federal state]." The Concise Oxford Dictionary uses this broad definition and defines it as "an organization establishing a constitutional division of powers between federal and State members"
It is, thus, legitimate to ask the following questions: If we look at the examples of Germany and the United States of America, can we say that despite certain differences, federalism in the two nations faces common challenges?
The first criterion for defining German and American Federalism is the superposition of two separate legal orders that apply to all people: that of the federal State and those State legislatures, the legal system as "all normative constitute positive law but also all the reports and legal situations involving both public authorities and private parties operating on the territory.
Tags- Federalism, Germany, America, Olivier Duhamel