Levels of government Dr Diana Bozhilova AKC

Levels of government Dr. Diana Bozhilova AKC

At a glance 1. Unitary state (nation-state) 2. Federal state (majority-minority state) 3. Devolved state (both 1&2) • Key question: Who collects tax?

Debates and trade-offs 1. Which form addresses the question of the democratic deficit best? 2. Which form addresses the question of the system capacity best? 3. Which form addresses the question of ‘the monopoly on the legitimate use of force’ (Weber) best?

The unitary state (nation-state) 1. Geopolitical division: centralised state with vertical subordination (imagine a pyramid); 2. Dependence: central government is sovereign; 3. Direct governance: no; 4. Territorial representation: no; 5. Example: Israel.

The federal state (majorityminority state) 1. Geopolitical division: constitutionally guaranteed regional governments of at least two levels (exception: Brazil has three levels); 2. Dependence: independent authority of regional governments from centralised authority; 3. Direct governance: yes; 4. Territorial representation: yes; 5. Variants: congruent/incongruent; symmetric/asymmetric; 6. Example: USA.

Fiscal federalism • • ‘Level-playing field’ logic Horizontal competition; Vertical competition; Fiscal federalism studies: http: //ideas. repec. org/b/nbr/nberbk/rose 881. html

The devolved state 1. Geopolitical division: regional governments, the powers of which may be recalled by the central government; 2. Dependence: independent authority with central government approval: symmetrical or asymmetric; 3. Direct governance: yes in some areas; 4. Territorial representation: yes (more so than federal states); 5. Example: UK.

The devolution settlement: Scotland • Referendum 1997 led to the Government of Scotland Act 1998; • Scottish government and parliament; • The act does not specify matters devolved to the Scottish Parliament. It specifies those matters reserved to the UK Parliament.

• • • • • • • Reserved matters include: the constitution foreign affairs defence international development the Civil Service financial and economic matters immigration and nationality misuse of drugs trade and industry aspects of energy regulation (eg electricity, coal, oil and gas and nuclear energy) aspects of transport (eg regulation of air services, rail and international shipping) employment social security abortion, genetics, surrogacy, medicines broadcasting equal opportunities Devolved matters include: health and social work education and training local government and housing justice and policing agriculture, forestry and fisheries the environment tourism, sport and heritage economic development and internal transport

The devolution settlement: Wales • Referendum 1997 led to the Government of Wales Act 1998; • The Government of Wales Act 1998 first established the National Assembly for Wales; • The Government of Wales Act (Go. WA) 2006 led to the creation of a separate legislature (the National Assembly for Wales) and executive (the Welsh Government).

• • • • • • Devolved matters include: agriculture, fisheries, forestry and rural development ancient monuments and historic buildings culture economic development education and training environment fire and rescue services and promotion of fire safety food health and health services highways and transport housing local government National Assembly for Wales public administration social welfare sport and recreation tourism town and country planning water and flood defence Welsh language

The devolution settlement: Northern Ireland • The Northern Ireland Act 1998; • Northern Ireland Assembly and Executive, headed by a First Minister and a deputy First Minister; • The Northern Ireland devolution settlement gives legislative control over certain matters (known as ‘transferred matters’) to the Assembly. In the main these are in the economic and social field; • Matters of national importance which, in the normal course of events it is expected will remain the responsibility of HM government and Westminster, are known as ‘excepted matters, ’ and the NI Assembly does not have competence to legislate on these. • http: //www. legislation. gov. uk/ukpga/1998/47/schedule/2 • https: //www. youtube. com/watch? v=r. Nu 8 XDBSn 10

• • • • • • • • Transferred matters: Issues on which the Northern Ireland Assembly has full legislative powers: health and social services education employment and skills agriculture social security pensions and child support housing economic development local government environmental issues, including planning transport culture and sport the Northern Ireland Civil Service equal opportunities justice and policing Excepted matters: HM government retains responsibility for matters of national importance, including: the constitution Royal succession international relations defence and armed forces nationality, immigration and asylum elections national security nuclear energy UK-wide taxation currency conferring of honours international treaties

The EU as an actor of dicentralization • Themes: 1. Autonomy in decision-making (top-down) 2. Adequate resources (financial transfer and management mechanisms) 3. Subsidiarity, efficiency, accountability and service delivery • Measures: 1. National capacity development plans 2. Public administration reform 3. Funding for education and health • Critique: 1. The transfer of national sovereignty to the EU is a form of centralization (bottom-up)

Conclusion • Growing demand for decentralisation is in evidence. • It is balanced against the benefits of fiscal federalism. • Arguments against decentralization centre on supranational bodies, such as the EU, which drives decentralization, whilst at the same time centralizing power in Brussels and away from the state, thus eroding central government authority through a dual bottom-up and top-down approach.