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Prof. Thomas Fleiner*/ Prof. Dr. Lidija R. Basta Fleiner Theories and Praxis on Peace, Federalism, and Human Rights Third Week: Federal Institutions Principles and Designs..

2nd Class: Different Historical Developments of Federal States Thomas Fleiner

Different Periods in History: Old Confederations: Greece Genghis Khan

Middle Ages Swiss Confederation

Federal Concepts in feudal Societies European Feudalism Ottoman Milet System Ethiopia

Foundation of the Modern State The American Revolution Confederation - Federation The Swiss Constitution American, French Influence

The German Empire Constitution Second Chamber Austria

Latin America (Spanish and Portuguese Empire)     

Mexico Columbia (failed) Venezuela Brazil Argentina

British Empire: Canada

Australia St. Kitts and Nevis (1983) India Pakistan Malaysia Nigeria

French Empire  Union of Comoro Islands (2001)

Ottoman Empire: Arab Emirates Iraq

Development after World War II Peace and Conflict - Transformation: European Union (1950ies, Maastricht Lisbon 2009) Spain (1978)

Micronesia (1979) Belgium South Africa

Ethiopia Iraq Sudan

Soviet Empire Czechoslovakia Russia Yugoslavia Serbia Montenegro Bosnia Herzegovina Macedonia Kosovo

International Influence:

Bosnia-Herzegovina, Serbia Montenegro Iraq, Sudan Newly envisaged federal countries? Nepal, Philippines, Indonesia, Cyprus Sri Lanka, Sudan (North / South) New Regionalization in Europe Devolution in the UK Italy France

International Influence: Legitimacy Important Differences: Bottom up – Top down Common Law – Continental Law Administrative – Competitive Asymmetric Federalism

Personal Territorial Federalism Ethnic Federalism Federation – Confederation – Supranational Organization

Federalism and: Sovereignty Constitutionalism Separation of Powers Judiciary and Rule of Law Democracy Human Rights Legitimacy National and international Regionalism

Subsidarity International Law

Preambles of Modern Constitutions

Switzerland

Spain

We the Swiss People and Cantons … are determined to live our diversity in unity respecting one another;.. Art. 2 Purpose It (Switzerland) shall promote ..the cultural diversity of the country

The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards, and recognizes and guarantees the right to autonomy of the nationalities and regions

Germany

the German People have adopted, by virtue of their constituent power, this Constitution.

Belgium

Belgium is made up of three Communities: the French Community, the Flemish Community, and the Germanspeaking Community.

Ethiopia  We, the nations, nationalities and Peoples of Ethiopia…  Recognising that our common destiny needs to be based upon the rectification of historically distorted relationships and promoting common interests;  Convinced of the necessity of building a single economic community so as to promote our common rights, freedoms and interests; ….

Turkey

Croatia

The recognition that all Turkish citizens are united in national honour and pride, in national joy and grief, in their rights and duties towards their existence as a nation, in blessings and in burdens, and in every manifestation of national life, and that they have the right to demand a peaceful life based on absolute respect for one another's rights and freedoms, mutual love and fellowship, and the desire for, and belief, in "Peace at home, peace in the world of one's own state, based on the Croatian nation's historical right to full sovereignty,

PREAMBLE:

Serbia

CONSCIOUS OF THE STATE TRADITION OF THE SERBIAN PEOPLE AND DETERMINED TO ESTABLISH THE EQUALITY OF ALL THE PEOPLES LIVING IN SERBIA, THE CITIZENS OF SERBIA, AS PART OF THE EUROPEAN FAMILY OF NATIONS, AND WITH A PLEDGE FOR MODERN DEMOCRATIC STATE BASED ON PEACE, TOLERANCE, RESPECT FOR HUMAN RIGHTS AND FREEDOMS, ON THE RULE OF LAW AND SOCIAL JUSTICE, Persons belonging to a national minority shall have special rights which they exercise individually or in community with others.

WE, THE MEMBERS OF THE HUNGARIAN NATION, at the beginning of the new millennium, with a sense of responsibility for every Hungarian, hereby proclaim the following: We are proud that our king Saint Stephen built the Hungarian State on solid ground and made our country a part of Christian Europe one thousand years ago…. The nationalities living with us form part of the Hungarian political community and are constituent parts of the State. We commit to promoting and safeguarding our heritage, our unique language, Hungarian culture, the languages and cultures of nationalities living in Hungary, along with all man-made and natural assets of the Carpathian Basin.

Russia

Bosnia

We, the multinational people* of the Russian Federation, united by a common destiny on our land, Bosniacs, Croats, and Serbs, as constituent peoples (along with Others), and citizens of Bosnia and Herzegovina hereby determine that the Constitution of Bosnia and Herzegovina is as follows:

European Union

DETERMINED to lay the foundations of an ever closer union among the PEOPLE‘S of Europe,

RESOLVED to establish a citizenship common to nationals of their countries, RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity, (Consolidat.Treaties)

This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen. Treaty EU Common Provisions Art. 2 — to strengthen the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union;

Article 17 (ex Article 8)

1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship. 2. Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the duties imposed thereby.

Preamble of the Consolidated Version of the Treaty of the European Union

DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law, … DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions,… RESOLVED to establish a citizenship common to nationals of their countries,.. RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity,