Federalism vs Devolution: A Comparative View

This lesson compares federalism and devolution as models for distributing power between central and regional governments. Understanding the differences and similarities between these models is essential for evaluating the UK's devolution settlement and the arguments for and against a federal UK.

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Definitions

Model	Definition	Examples
Federalism	Power is constitutionally divided between central (federal) and regional (state) governments. Each level has its own defined powers and neither can abolish the other.	USA, Germany, Canada, Australia
Devolution	Power is delegated from the centre to regional bodies. The centre retains sovereignty and can, in principle, take the power back.	UK (Scotland, Wales, NI), Spain
Unitary state	All power resides with the central government. Regional bodies (if they exist) act as agents of the centre.	France (traditionally), Japan

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Key Differences Between Federalism and Devolution

Feature	Federalism	Devolution
Source of power	Constitution divides power	Central government delegates power
Sovereignty	Shared or divided between levels	Retained by the centre
Entrenchment	Regional powers are constitutionally protected	Regional powers can (in theory) be revoked
Supreme court	A constitutional court arbitrates disputes	No formal constitutional arbitration mechanism (though the Supreme Court plays a role)
Symmetry	Usually symmetric (all states have the same powers)	Often asymmetric (different regions have different powers)
Amendment	Requires special procedures (e.g. supermajority, state ratification)	The centre can change the settlement unilaterally

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Federalism in Practice: The USA

The USA is the classic example of a federal system. The Constitution (1787) establishes a clear division of powers:

• Federal (national) powers: Defence, foreign policy, currency, interstate commerce, immigration.
• State powers: Education, criminal law, healthcare (largely), electoral administration, policing.
• Concurrent powers: Taxation, law enforcement, road building.
• The Tenth Amendment reserves all powers not delegated to the federal government to the states or the people.

Key features of US federalism:

• Constitutional protection: States cannot be abolished or have their powers removed by the federal government without a constitutional amendment.
• The Supreme Court arbitrates disputes between the federal government and the states (e.g. McCulloch v Maryland (1819); United States v Lopez (1995)).
• Symmetry: All 50 states have the same constitutional status and powers, though they exercise them differently.

Strengths of US federalism:

• Protects regional diversity and autonomy.
• Creates "laboratories of democracy" — states can experiment with different policies.
• Prevents the concentration of power at the centre.

Weaknesses:

• Can create inequalities between states (e.g. in healthcare, education, and civil rights).
• Complexity — multiple overlapping jurisdictions.
• Gridlock — disagreements between federal and state governments can block policy.
• The politicisation of the Supreme Court raises concerns about the neutrality of constitutional arbitration.

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Federalism in Practice: Germany

Germany's Basic Law (Grundgesetz) of 1949 establishes a federal system with 16 Lander (states):

• The Lander have significant powers over education, policing, and cultural policy.
• The Bundesrat (upper house of parliament) represents the Lander governments and must consent to legislation affecting Lander interests.
• The Federal Constitutional Court arbitrates disputes between the federal government and the Lander.

Key difference from the USA: German federalism is more cooperative — the federal and Lander governments work together to administer policy, with the federal level often setting the framework and the Lander implementing it.

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Devolution in the UK: A Quasi-Federal System?

The UK's devolution settlement has been described as quasi-federal because, while it does not meet the formal criteria for federalism, it exhibits several federal characteristics: