Features of federalism in the USA
Federated sovereign state formed by the establishment of a tightly knit union of two smaller politics is known as federalism. The formed politic does not retain the degree of anatomy. Any power that is not granted to the national government of us is retained by the state of government that have their sphere of jurisdiction. This aspect makes them important in government experiments. In United States history, the state is considered better than the national government to turn on during public policy issues. The national government is only important in times of crisis. The federal has five basics features /characteristics that include:
- Federalization divides legal authority between the state and the national government
- The state works as subordinate to the national government in areas such as regulation of intersecting commerce and management of foreign affairs
- In programs of interstate highway constructions, environmental protection and health, education, social security, and unemployment federalism enables positive cooperation between the state and the national government
- Us supreme court serves as legal arbiter of the federal system regarding conflicting claims of state and the national governments
- The citizens can claim some right and privileges from both state and the national government under federalism
There are two types of federalism as defined by political; scientists: dual and cooperative federalism, dual defines federalism as a layer cake while cooperative defines it as a marble cake.
Proponents of states’ rights and powers hold that the constitution is a compact between the state and the federal government. Both states and the national government are supreme within their spheres. Advocates of dual federalism argue that the national government cannot “invade” the power that is reserved for the states.
Proponents of the position that the people, not the states, created federal government wants a cooperative approach to state-nations relations. Cooperative federalism emphasizes the “general welfare” clause and the “necessary and proper” Of the constitution by which power of the national government touch or overlaps with traditional state function.
Relationship between law and governance
- a) Governance includes all phenomena of policymaking and decision making made in the law. Phenomena of non-state decision and policy-making enable in creation, interpretation, and implementations of law. When creating laws for instance public authorities may delegate regulatory power to professionals. When interpreting laws, for instance, the technical standards made by the non-state organization may become the main sources of inspiring the state courts in interpreting and applying the diligence rules in liability law, while implementing the law, for instance, nonpublic consumers associations may play a decisive role in the implementation of the state consumers. In conclusion, governance entails the non-state policy and decision making that in conjunction with the state policy and decision making in creating a system of private-public governance
Law in governance includes legal phenomena, which are embedded in the context of decision-making and policymaking.
- b) Governance apart from the law, this includes policy and decision which are in no way linked to the law and is released through other means which are not law, this includes politics and economics. These social phenomena could be dealt with in another more advanced way than assessing and comparing the governance dimensions of the law.
Law apart from governance includes legal phenomena, which are in no way linked to policy and decision making within an institution or group of people. Some of the legal phenomena can be decided individually this includes single judgments or out of court dispute regulation, which their actors don’t consider a policy-making
- c) Governance against law. This is phenomena that bleach legal rules in decision-making and policy-making some questions may arise in this that includes:
To what extent of the illegality of such phenomena of decision making and policymaking may be justified by legitimate grounds of good reasons, for instance, civil disobedience against unjust laws may be seen as a form of good governance against the law
Whether some illegal forms of governance are perhaps difficult to eradicate because they operate in a more effective way than the legitimate governance by the state on the same territory. Those illegal forms may include the criminal organization of governing a certain territory.
The last question may address the relativity of legitimacy and legality of the governance. Any organization that make use of the criminal acts or violation of human rights or the rule of the law to acquire, consolidate or maintain n its power, eventually managed to establish itself as a legitimate, legally recognized as decision and policymakers
Law against governance its includes legal phenomenon which combat forms of decision making and policymaking within an institution or group of the person deemed as harmful.
- d) Governance as law. It is a decision and policy-making which the law constitutes.
Law as governance includes the legal phenomenon which per constitutes acts of decision and policy-making within a group of people or institutions.
- e) Governance through law includes legal phenomena, which are instruments of policy and decision-making. We may act ourselves how law certain law may be considered as an instrument of good governance. This can be answered in various ways that include efficiency, democratic, accountability, transparency and many more
Law through governance. This includes the phenomenon of decision and policy-making which are instruments of legal phenomena.
Theories of governance
Theory of transformation and transition
This type of theory explains the change from one regime to another, let us say, from authoritarianism to democracy and vice versa, it also helps in understanding the problem of the governance that is involved in such changes. The East-European transitions a governance problem of central importance is the simultaneity of political, social, and economic changes.
Gender theory in political science
This was has been there since the 1970s. Gender theory explains how politics and policies favor gender differences and inequalities. They also conceptualize how gender regimes have affected politics, policies, and parties. Gender relations and differences have been developed as categories, which structure societies, economies, and politics lie since the 1980s.
The network theory of governance
This type of theory includes approaches that investigate the pattern of interest, intermediations, and public-private cooperation’s in making and implementation public laws. This theory was concerned with how to network that holds actors and agencies together, how they influence political decisions, and what determines their choices.
Political economy theory
Often policymakers make and seek to sustain policy choices that are economically indefensible or unsustainable, or strongly resist reform measures. On the other hand, measures that make perfect sense from an economic point of view do not function in reality, while other, seemingly less efficient ones turn out to be the perfect match for a given politically determined situation
Argumentative theories
The argumentative theory focuses on the constitutive forces and formative conditions for the emergence and operation of particular governance regimes. It approaches towards governance share an emphasis on language as a key feature of any policy process and thus as a necessary key component of governance and policy analysis. Argumentative policy analysis links post-positivist epistemology with social theory and methodology and encompasses theoretical approaches such as discourse analysis, post-structuralism approaches, frame analysis, and interpretative policy analysis. Although these different approaches are hardly same, they never share the special attention they give to argumentation and language and the process of utilizing, mobilizing, and weighing arguments and signs in the interpretation and practice of policymaking and governance
References
Nugroho, Bambang Wahyu. “Individualism in a Stable Democracy as the Decisive Factor of the Progress of Behaviorisms in the Development of American Political Science Post World War II.” Jurnal Hubungan Internasional 1.1 (2015)
Rosenbloom, David H. “3a. Public Administrative Theory and the Separation of Powers.” The Constitutional School of American Public Administration. Routledge, 2016. 78-94.
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