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Fourth and Fifth Class Self - Rule

Fourth and Fifth Class Self - Rule. Fourth Class: Concepts of Distribution of Powers. Basic Elements of Federalism. Constitution. Shared Rule. Self Rule. Main Questions:. Purpose of Distribution. Who decides?. Criteria‘s. What is distributed. Technique of Distribution.

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Fourth and Fifth Class Self - Rule

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  1. Fourth and Fifth Class Self - Rule

  2. Fourth Class: Concepts of Distribution of Powers

  3. Basic Elements of Federalism Constitution Shared Rule Self Rule

  4. Main Questions: Purpose of Distribution Who decides? Criteria‘s What is distributed Technique of Distribution Distribution to - Whom? - What entities? - Border- lines? Asymmetric Distribution

  5. Who decides Constitution maker Federal Legislature Both Court (US, EU) Common Law: Family Law, Property Law, Contract, Criminal Law, Procedure, commercial law etc.

  6. Purpose of Distribution and Criteria’s Purpose Criteria’s Principles Legitimacy Efficiency Subsidiary Principle Financial Capacity Diversity Democracy Commerce Clause Need for Coordination Justice Necessary and Proper Clause Need for a uniform solution Interest of the task limited to the region Closeness to local population

  7. Fifth Class: What powers are Distributed?

  8. What is distributed Branches of Government Financial Competences Governmental Tasks Constitution Making Foreign Policy Incl. Defence Income: Taxes, Grants, Bonds, Loans Legislation Individual / col- lective rights Execution Police Mineral Resource, Water etc. Public Services Judiciary Education, Cul- ture Common Law, Codi- fication Health, Environment Expenditures Economy and Development Spending Power Opting out local deviation Social Secu- ity Financial Equalisation Civil Law Common Law

  9. Techniques of Distribution Concept Technique Bottom up Exclusive Parallel Top Down Concurrent Parallel Distribution General Clauses Supremacy Detailed Regulations

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