How do federal states divide power between national and provincial governments?

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In a federal state, political power is divided between a national government and subnational entities, such as states or provinces, through a written, rigid constitution. This constitutional framework serves as the primary mechanism for distributing authority, ensuring that neither level of government can unilaterally alter the division of power.21

Key features of this division include:

  • Enumerated and Reserved Powers: The national constitution typically enumerates the specific powers granted to the central government, such as national defense, foreign relations, and trade. Powers not explicitly delegated to the national level are often reserved for the states or provinces.21
  • Shared Sovereignty: Unlike unitary states, where local authority is devolved and subject to central control, federal systems grant states or provinces constitutionally protected sovereignty.23
  • Institutional Representation: Subnational entities are often represented at the national level through a bicameral legislature, specifically an upper house or senate, which protects regional interests.21
  • Judicial Oversight: An independent judiciary is essential to resolve disputes between the national and subnational governments regarding their respective jurisdictions.21

While these arrangements aim for a clear division, the exact balance of power is often a subject of ongoing political and legal negotiation.24