International Journal of Law, Justice and Jurisprudence
2021, Vol. 1, Issue 2, Part A
The spirit of federalism in the US constitutionAuthor(s):
Eman KB AbdulghaniAbstract:
The unique aspect of a Federal Constitution, which is pertinent in the current context, is that it must be written because it must enumerate and limit the separate powers of two governments: federal and state. According to Where, “the Constitution of India is not federal, it is quasi-federal. He said that any constitution will be federal if it is similar to USA Constitution. But I would like to say that the American Constitution in itself is not federal. The basic feature of federalism is not satisfied by the USA Constitution.” The paper deals with the federal structure of the United States of America and some of the opinions which are expressed by the different scholars on the concept of Federalism. And it will also discuss some important characteristics of Federal structure. The term 'federalism' has been applied to a wide range of issues. Its meaning has been blurred by the amount of terminological and conceptual abuse. Federalism, like the word "democracy," means different things to different individuals. In principle, “a compromise between concurrent demands for union and territorial diversity within a society is achieved by the establishment of a single political system, within which general (central) and regional (state) governments are assigned co-ordinate authority, and neither level of government is legally or politically subordinate to the other.” For the systematic research, the researcher has reviewed various international instrument and articles, and the researcher relied upon the secondary source of data. The research has been conducted through the doctrinal research methodology.Pages: 81-84 | Views: 430 | Downloads: 235Download Full Article: Click Here
How to cite this article:
Eman KB Abdulghani. The spirit of federalism in the US constitution. Int J Law Justice Jurisprudence 2021;1(2):81-84.