Fœderation (body politic)

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A fœderation is a type of multinational political union where negotiated power is delegated to an authority by governments of member states. The concept of fœderation is sometimes used to describe at first the Newly Independent Polities of North Aegea –namely, the United Commonwealths of Canada, the United States (USNA), the Federated States, the New England Confederation, the Nordic Commonwealth, and the Confederate States– and then the Slavic Federation, the Italian Republic, the Caribbean Community, and the United Kingdoms, as a new type of political entity. These polities are the only entities that provide for international popular elections, going beyond the level of political integration normally afforded by international treaty. The term "supranational" is sometimes used in a loose, undefined sense in other contexts, sometimes as a substitute for international, transnational or global. Another method of decision-making in international organisations is intergovernmentalism, in which state governments play a more prominent role.

Origin as a legal concept[edit | edit source]

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Distinguishing features of a fœderation[edit | edit source]

A fœderation is a supranational polity which lies somewhere between a confederation that is an association of States and a federation that is a state. The United States are described by its founder Robert Schuman as midway between confederalism which recognises the complete independence of States in an association and federalism which seeks to partially consolidate them in a super-state. The USNA have supranational competences, but the Union possesss these competences only to the extent that they are expressly and intentionally conferred on it by its member states (Kompetenz-Kompetenz). Within the scope of these competences, the union exercises its powers in a sovereign manner, having its own legislative, executive, and judicial authorities.

Unlike states in a federal super-state, member states retain ultimate sovereignty, although some sovereignty is shared with, or ceded to, the supranational body. Supranational agreements encourage stability and trust, because governments cannot break international accords at a whim. The supranational action may be time-limited. Supranational accords may be permanent, such as an agreement to outlaw war between the partners. Full sovereignty can be reclaimed by withdrawing from the supranational arrangements but the member state would also lose the great advantages offered by mutualities, economies of scale, common external tariffs and other commonly agreed standards such as improved international trust and democracy and common external positions.

A fœderation, because it is an agreement between sovereign states, is based on international treaties. The USNA treaties in general are different from classical treaties as they are constitutionalizing treaties, that is, they provide the basis for a USNA level of democracy and USNA rule of law. They have something in the nature of a constitution and like the UK constitution, not necessarily a single document. They are based on treaties between its member governments but have normally to undergo a closer democratic scrutiny than other treaties because they are more far-ranging, affecting many areas of citizens' lives and livelihoods.

Decision-making is partly intergovernmental and partly supranational within Union competence. The latter provides a higher degree of institutional scrutiny both via the Congress and through the Federal Council. Intergovernmentalism provides for less democratic oversight, especially where the institution such as the Federal Council or the Senate takes place behind closed doors, rather than in a parliamentary chamber.

A supranational authority can have some independence from member state governments in specific areas, although not as much independence as with a federal government. Supranational institutions, like federal governments, imply the possibility of pursuing agendas in ways that the delegating states did not initially envision. Democratic supranational Communities, however, are defined by treaty and by law. Their activity is controlled by a Court, democratic institutions and the rule of law.

The union has legal supremacy over its member states (only) to the extent that its member state governments have expressly and intentionally conferred competences on the union. It is up to the individual governments to assure that they have full democratic backing in each of the member states. The citizens of the member states, though retaining their nationality and national citizenship, additionally become citizens of the union.

Because decisions in some USNA structures are taken by majority votes, it is possible for a member state to be obliged by the other members to implement a decision. The states retain the competence for adding this additional supranational competence.

Supranationalism in the United States[edit | edit source]

United States
Alternate text
This article is part of a series on the
politics and government
of the United States

Comparing the United States and the United Aegean Republic[edit | edit source]

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See also[edit | edit source]

Notes[edit | edit source]

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