Dual federalism is a political theory where two governments share power over a region or people, creating tension between them. The US and Europe have examples of this, with federal and state governments working together but maintaining a level of distrust to operate efficiently. The federal government enforces certain rules, while the state or local authority is responsible for nearly everything else. The EU has a federalist government with limited powers, while member nations have their own systems of government.
Dual federalism is the political theory according to which two different governments share sovereign power over a particular region or people. Generally this is the concept of balancing the scales of power between a large and overwhelming government and a more local and centralized one. Usually, this involves some sort of federal authority and a state regime. The theory works as a kind of check to ensure that corruption does not affect either government.
More than a form of cooperation, dual federalism aims to create tension between the two forces. While the federal government enforces certain rules that cover a multitude of smaller governments, the state or local authority is responsible for nearly everything else. In most systems, states can control national authority through representation in central government. Some countries even have a judicial review system where legal recourse is available to the state or local government.
In general, a dual federalism maintains specific parameters by which the balance of power is maintained. National governments are able to establish power only through a system of laws. The general scope of federal authority is limited by the constitutional mandate. Throughout each government’s sphere of influence, each authority retains sovereignty which generally should not affect one another. Furthermore, it is important that both federal and state governments work together, but also maintain a certain level of distrust in order to operate efficiently and provide the best for their citizens.
Historically, the definitive example of federal dualism is the United States. The federal government is mandated by the US Constitution to maintain a set of laws defined by the Bill of Rights, constitutional amendments, and the US Code. To maintain control, state representatives are elected to a legislature that creates these laws. The states themselves also have the formation of a government, which is responsible for all other rules. These states can control the federal government through judicial action.
Europe too has a system of dual federalism, albeit based on state traditions. The European Union (EU) is organized into a federalist government with limited powers. Each member nation has its own system of government, some using a federalist system while others use methods such as constitutional monarchy in the UK or a presidential republic in France. The EU itself, however, applies a number of laws but can be overridden by member states.
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