COMPARATIVE FEDERALISM: PRINCIPLES, CHALLENGES AND SOLUTIONS AUTHORED BY - PARTHEESWARAN PARAMESWARAN & NISHANTH.JCOMPARATIVE FEDERALISM: PRINCIPLES, CHALLENGES AND SOLUTIONS BY - PARTHEESWARAN PARAMESWARAN & NISHANTH.J
COMPARATIVE
FEDERALISM: PRINCIPLES, CHALLENGES AND SOLUTIONS
AUTHORED BY - PARTHEESWARAN PARAMESWARAN & NISHANTH.J
Abstract:
This research paper provides a concise overview of the
key principles underlying federalism, examines the challenges faced by
federations globally, and proposes innovative solutions to address these
issues. Through a comparative lens, the study delves into the intricate dynamics
of power-sharing, intergovernmental relations, and the intricate balance
between centralization and decentralization. The analysis not only sheds light
on the inherent strengths and weaknesses of various federal models but also
offers strategic insights into fostering effective governance and promoting
sustainable solutions for the complex challenges faced by federal structures
worldwide.
1.
INTRODUCTION
“Federalism
isn’t about states’ rights. It’s about dividing power to
better protect personal liberty”
-Elizabeth Price
Foley (American legal theorist)
Federalism
is the vital element of many countries; it holds a nation together as an
entity. The concept of federalism is
rooted in political, cultural, historical, social and legal of the nation. It
is the product of the society and not constitution. Federalism as being the
essential trait of many countries, it is so important to acquire in-depth
knowledge of the mechanism to foresee the challenges and its solutions. The
study of federalism is complex because researchers at different time, different
place, and different circumstances have interpreted differently. Federalism
started in 18th century by American government it was a new emerging
concept but it had a synergy to hold a large part of state and still drives it
as a nation to reach the goal. The core
idea of federalism are three factors A) independence of the state B) having
large territorial and political access and C) retaining the individuality of
the state.
The
primary function of federalism is to maximize the power in democratic system
and also strengthen the participation of public in policy making as well as to
decentralize the powers, so that the sanctity of the regional states interest
than a unitary state. It helps to protect the interest of minorities and work
as check for any despotism. A federal union will form into a one solid nation
but retain the local administration and it will be of different levels like
local self-government so it could manage the nation and also self-rule plus
shared rule principle will be established.
All
the above said are the ideal federalism structure but in reality it isn’t a
cake walk, there will always challenges for federalism whether it maybe a
regionalism, ethnic strife, lack of social unity and lacks a common goal these
are few example which act as hurdle for a federal structure, so it is essential
to anticipate the challenges for federal structure by doing a comparative study
with different nations for example like USA, India &Nigeria and also
looking at the past of Yugoslavia and
Czechoslovakia so we can navigate the problem and come up with the solution.
A]
Legitimacy and the complication of national recognition:
The
concept of federalism is found even before 1000 years in Greek and Maurya
political history but it wasn’t a defined structure of federal but it had
components of local government and controlling authority from central, so this
isn’t something new. The question is what holds the people of diverse culture
and linguistics together and form that as nation and keep it going. Nation is a
ultimate form of social contract for protecting each other and their property
but when people of different tribe comes to a place to form a state what
influence them to form a state without losing their identity.
In a
nation when people coexist there is always adhesive and aversion forces which
exist as part and parcel. Even when there are lots of differences people from
multiregional/multiracial background have a common sympathy to run a federation
so studying deeply about the federalism of different nation we can understand
the desirability and viability of the spirit of constitution. From the
sociological point of view the people of different society come together and
formed a nation which federalism element to maintain their individuality and
also need a higher degree of protection at the time of war and disturbance
which mostly drives into federalism.
The
final political power will lie in the hands of central government for common
good. There might be people of different regional, linguistic, cultural,
religious come together with the notion of self-interest and common attachment
to the nation which is fueled by deeper sense of oneness and tolerance and
acknowledgement of diversity among each other as Nehru[1]
said but this is ideal concept but in reality, there will be so many hurdles so
we will look through the concept of federalism of different states like US,
Canada, India and Nigeria etc
AIMS AND
OBJECTIVE:
Federalism
could be a work not of constitutions but of social orders. It lays the
establishment to the powers to act and powers to choose. The central government
and state government distribution powers and distributes them to isolated
circles of government, though the making and administration of open arrangement
in complex zones frequently so the league has been effective in protecting,
ensuring and advancing as common regard, acknowledgment, toleration, respect,
assent, believe and correspondence. When we examine factor–goal components in
league motivation’ it'll tell us approximately victory and the roots and
arrangement of alliances in ‘the nonappearance of an adequate
political-ideological commitment there emerges strife to the essential concept
or esteem of league itself. So, the extreme point of this investigate is to do
comparative investigation in defining, testing, or reexamining hypothetical
suggestions to create the compelling federation.
RESEARCH
QUESTION:
2. The
primary work of this study is to look into the aspect of driving potential of
the federalism and federation like what causes it and the holding cohesive
force. So, locating the factor like political, economic, cultural or
intellectual cause it will help us to find the origin of social conscience.
3. The
second aim of this study is to research the mechanism of self-rule plus shared
rule principle. It is helpful to know the sphere of central and regional
government boundaries like the legislation and power sharing process to run the
nation from this we can understand the threshold of it.
4. What
is the reason for disintegration or secession of the nation and its remedy?
DATA AND METHODS
The
study is based on the history, international affairs and world politics where
it is and consolidates effort to extract the significance of federalism of
different nations and also it is a time to look back the path what our nation
took to form the federalism. So, this paper is a qualitative analysis of
different works and books of different authors and the report of various
commissions on federalism in India to study the concept, its challenges and
solutions for it. It is a comparative study of different federal structure and
its significance and the difficulty in cohesion of the state, so by following
this method it is useful to anticipate the upcoming issue in future that might
arise with respect to the path that presently our nation is walking on. The
comparative analysis gives a whole picture of different types of federalism in
different part of world at different time period.
LIMITATIONS
OF THE STUDY:
The
primary limitation of this study is, since it is a qualitative study the
perspective of the person will differ from that of a researcher and the
materials used for the study are the books written by different authors so the
reliability of the facts may differ. one of the important problem is that since
this research was carried out during pandemic period so the materials used is
so limited, so we can’t come to an proper conclusion only with the available
materials.
DISPOSITION:
The remainder of this paper is organized as follows: Chapter 1 deals with Legitimacy and
the complication of national recognition, the conceptual peculiarity between
federalism and federation in order to primarily locate the nationalism in the
former category while situating the national state in the latter one. Chapter 2
lays the comparative study of federal
political systems and federalism in this part it mainly focuses on ideology,
political parties and party systems, constitutional reform and judicial review.
Chapter 3 Problems straighten up in federalism gives an insight about the
complication is in federalism like ethnic and secessionist movements, lack of
social unity among the people and the political leadership threatens their
nation’s existence. Chapter 4 deals with Lessons of experience. It primarily focuses on endurance and longevity
which drives the nation to success or failure. Chapter 5 finally concludes.
2. THE COMPARATIVE STUDY
OF FEDERAL POLITICAL MECHANISM AND FEDERALISM
In the theoretical world of
federalism is more of a deep institutional structure it is more than the just
power sharing structure between state and protecting each other. It is a larger
framework of socio-political financial structure when either the representation
or the majority voice of different people is reflected in the choice they make
and the people they vote to represent them. They carry forward the social
contract of the people, federalism is more than a pluralism because in
pluralism is just acceptance of each other and providing the liberty but it has
the ingredient of political structure, financial policy and socio-political
problems. So, this part we will try to look into the concept of institutional
framework of different nations to understand the nation’s exemplar.
When
comes to federation it is largely classified into 2 types Westminster model[2](parliamentary),
the republican-presidential model but there is also hybrid of both the types in
few countries. In a federalism system where when there is a huge voice of
majority people then the power will be concentrated in the central but if there
is diverse of ethnicity of people then there will be representation of
different political parties at the center so as to maintain the sanctity of
federalism by representing ideas of different people for different policy. So
the political system and their ideologies help us to navigate the spirit of
federalism in the nation, to some extent the concept of judicial review also
help us to understand the role of judiciary in safe guarding their rights. To
some extent even religion plays a major role in federalism like for example
Nunavut in Canada got separate identity because to safeguard the identity of
native people in Canada[3]. The sociological aspect where the territorial
aspect of the country whether it may be territory of the state and the
society’s determination. This chapter mainly deals with the comparative study
of political, sociological, fiscal policy, religion ideologies and party system
of different nations like US, Canada, India, Nigeria and Malaysia.
A] Political system analysis:
In
the view political ideologies of nations it is so important to study because it
gives a deep understanding of federation and their mechanism, political system
hoe they operate in different levels founded upon the principle of difference
and diversity. Mostly in political system where there will be a debate for the
welfare policy and power mechanism.
In US it follows the Presidential form of government where it follows dual government where there is US federal government and other state government, the Act of confederation which gives more power to state government like even to declare a war but not to levy tax so the total concept of sharing powers is different because of dual federalism the states even have their own constitution but the levy tax, immigration is under national government. In Canada it is one of the oldest federalist countries where it follows Westminster form of government which it inherited from British Canada though it follows federalism it wasn’t the same type of sharing of powers as it started due to many amendments like Constitution Act, 1982 where it equalized the power sharing especially in the economic and socio development between 2 government so now it is state government and central government plays on equal ground. When it comes India‘s federal structure is adopted from Canada with strong central government and weak state government and it also follows parliamentary form of government. India adopted quasi federal system so to manage and hold the country together progress in socio-economic and political development still it continues in that quasi federal manner. Nigeria is the epitome of struggling of federalism where plenty of times the constitution of Nigeria changed because of the diversity in the nation and difficult to cohesive as a state that’s its why it follows three tier governments.
In US it follows the Presidential form of government where it follows dual government where there is US federal government and other state government, the Act of confederation which gives more power to state government like even to declare a war but not to levy tax so the total concept of sharing powers is different because of dual federalism the states even have their own constitution but the levy tax, immigration is under national government. In Canada it is one of the oldest federalist countries where it follows Westminster form of government which it inherited from British Canada though it follows federalism it wasn’t the same type of sharing of powers as it started due to many amendments like Constitution Act, 1982 where it equalized the power sharing especially in the economic and socio development between 2 government so now it is state government and central government plays on equal ground. When it comes India‘s federal structure is adopted from Canada with strong central government and weak state government and it also follows parliamentary form of government. India adopted quasi federal system so to manage and hold the country together progress in socio-economic and political development still it continues in that quasi federal manner. Nigeria is the epitome of struggling of federalism where plenty of times the constitution of Nigeria changed because of the diversity in the nation and difficult to cohesive as a state that’s its why it follows three tier governments.
Sociological aspect study:
It
is one of the interesting fields of study because in a country it will be
usually lots of people and culture will be diverse so also their ideas, it is
inherent that the clashes are part and parcel of it. The social cleavage is the
important factor which the disintegrates the nation. In US where it is the
cosmopolitan hub of the world, it is one of the primary country which has so
many immigrants compared to other nations. The majority of the people is Caucasian
population and next is African American and also Asian forms a significant
population. It is a conglomerate structure since there is a huge divide between
the left wing and right wing there is always a tug of war between the
conventional and modern school of thoughts. In Canada it is also very similar
to America in terms of cosmopolitan surrounding but it is more progressive in
thoughts, the tolerance factors the intake of immigrants and etc. so the social
conscience is very much broad in that society. When it comes to India it is the
great-great grandmother of tradition as Mark Twain[4]said.
Since history always taught that there will be intense clashed when there is
less power concentrated in center then the nation will be highly unstable when
the people are from different tribe, so the concept of quasi federal structure
is followed in India. In Nigeria the society of various native tribes there is
always a chaos when it comes to social integration, it has been long clash in
between different set of people that is why the notion as a country is in
question and the constitution has been drafted myriads of times to adapt to the
changing circumstance of the nation. So from this we can understand the
importance of study of sociological ideology of the nation.
Party system:
Examining
the political party system is very crucial in a comparative study of federalism
because political party shapes up the nation’s identity; it is the vehicle of
people’s will. The ideologies of the political party channelize the belief of
the society into the life of the nation. When the voice of majority is loud
then there will be accumulation of power will be in central and that will
overpower other community of people. Double party system and multiparty system
tells about different need of different people at different times. In US it is
a duo-poly political party system[5]
there are some other small parties but it has no significant only Democratic
Party and the Republican Party system win in every presidential election where
the former belongs to left school of thoughts and latter represent the right
wing school of thoughts, these two parties come into power on alternate basis
according to the present mind set and needs of people. Even in recent US
election held in 2019 when the democratic party won it showed the people’s high
demand of equality, fairness and civil rights for minorities it overthrown the
old school republican party it showed the need of change in economical growth.
When we look Canada it has 5 party systems namely Liberal Party currently
ruling government, the Conservative Party (Official Opposition), New Democratic
Party, Bloc Québécois, and Green Party of Canada[6].
But the party which always comes to power is liberal party and conservative
party. The common attribute of all the parties is that neither of them extreme
right winged they place in middle right so from this we can understand the
social conscience of the people is of liberalization of nation. So it is
evident to capture the need of people from this political system. In India it
started with congress as a federal party at centre it was actually a
nationalist party fought for the freedom of India but it continued to be
dominant party for many years but after few decades the right winged party BJP
came into power and started to root into the society but now it is the tug of
war between the 2 political parties because the right winged party is favored
by the conservative and majority people of the nation but this is just in
centre but when in the state government in most of the states the regional
parties always comes into the power and they represent the minority in the
parliament so it reveals the fact that minority community don’t support the
right wing party or the authoritarianism. In Nigeria it is very complex
equation where the nation’s political system is highly unstable government
because it is a complex state where with 3 autonomous states and one federal
government where the major parties are All
Progressives Congress, People's Democratic Party , Labor Party ,All Progressives Grand Alliance and Social Democratic Party[7]. All progressive congress
came into power in 2015 where its idea is of socialism which is shown to
suppress all kind oppression. Therefore from this we can able to deduce the
desperate for equality from the minds of people.
Judicial review:
The
constitutional text can say how the society was formed and their common goal
but to know the real mind set of the people then the place which is to be
examined is the judiciary, judiciary place the major role in federalism because
the judiciary is the guardian of law and it validates the act of the
government, so when we analysis the landmark judgment with respect to
distribution of power, we can understand the power abode in the 2 level
government. In US where it is a perfect dual federalism it is also reflected in
the cases for example in United states v lopes where there was a issue on free zone but this totally invaded the power
of the state government so the act is unconstitutional ,so here the court make
the distribution of power clearly. In Canada in the infamous Ref re secession
of Quebec[8]where
it laid the fact that “there can be little doubt that the principle of
fed-realism remains a central organizational theme of our Constitution.” So the
primary aim is the establish the principle of the federalism and when the state
can’t manage then it is a work for central or unitary government because of the
federalism structure and this similar principle is established in Nigeria also
in resource control case on Nigeria where it said that the resources belong to
the federal government so from this we can understand that the as long there is
a clear separation of powers then there isn’t a problem arises between the
state.
Fiscal Federalism:
The
tax is the backbone of the nation and in the federalism, it is the essential
lifeline of relationship between economic growth and political sovereignty of
the government. Only as this as a framework the regional resources, economical
flow of states will be distributed among other states in a federal system. When
it comes to US it is more evolved concept when it comes to fiscal federalism
because both the expenditure and revenue is decentralized compared to other countries
because the states are given more liberty in framing the fiscal policy with
respect to the needs and the local government is also falls under the state
government so each has its own legislation but when it comes to fiscal
legislation in warfare and social security then federal government comes into
the picture. In Canada the structure of levying tax is quite complex because of
the overlapping of powers in federal and provincial level because most of the
tax falls under both the government like personal and corporate tax both falls
under the both government but the intensity of influence changes like the basic
rates will be fixed by the federal government but the separate room for tax and
it will levy their own tax but the scale is more decentralized. The
Indian scenario is different from where it started it was suppose to a
cooperative federalism, the union government has power to legislate in direct
income tax and states too have power to levy tax in and alcohol etc. But there
is sudden change from planning commission to NITI Aayog , so it collapsed the
structure because it created horizontal and vertical imbalance like the state
has to be fully relied on the NITI for all financial needs so the regional
parts get affected and also the one size fits all mechanism curbs many states
so the economic growth will be curtailed. So the stability of fiscal federalism
is been collapsed. The Fiscal federalism in Nigeria is totally from all the
above mentioned countries because it has 3 tier government [9]namely
Federal, state and local government from the time of its independence it has
seen worse there is always unstable in government because of vast communities
of native people and lack of cooperation. It is a decentralized form of
government where there is a decline of federal levying tax from 1960 to present
but whereas in local tier it got increased from 0 % to 20%[10]
and state remain the same but for protection of state in terms of military the
expenditure is high on federal government. So it legislation is changing to
adapt the changing circumstance.
3. PROBLEMS STRAIGHTEN UP IN FEDERALISM:
As
saw in before sections, the notion of federalism isn’t a easy structure , it
always a complex structure and it is just more than a social contract ,it is a
social conscience which is the core of
the idea of federalism where the people of same mind come together and form a
state so when it is a federal state
where the people might come from different background and etc but the society’s
common goal will to protect each and even when they aren’t from same origin
this kind of behavior is called as Ubuntu. Where people protect and value each
other in the society but there will be problem as regular in any society. It
can be very apparent or it lies in the layers of structure which causes a
problem afterwards. So this part help us to critical analysis the problems in
various federal countries around the world namely US, Canada, India and Nigeria
The
problems in US federal structure is in recent days the people became more like
conscious about their own land and there is lots of chauvinistic behavior
happening throughout the nation where the society is against to the concept of
immigration and unemployment. In recent case also the there was landmark
judgment Arizona vs. US[11],
where it is the famous case law where the Arizona state enacted many
legislation against the immigration people who don’t have a valid documents
then they are subjected to arrest and it was against the federal legislation.
So now even there was an attack on senate because of fall of Donald Trump, it
shows that people are deviating from the standard intolerance so this will be a
bigger issue between states of US. The condition of Canada is much in better
place but still it isn’t flawless because the major language spoken is English
and French, the Quebec region consist of minority French speaking region so
they always consider them as different from the rest of the nation there was no
integration of the minority to the nation so recently they have unilaterally secession
from the state, since it was declared unilaterally there was a case which went
in the apex court of Canada regarding self-determination of the people, it has decided that the people
of Quebec has right of determination but can do unilaterally without the
consent of central government which affect the foundation of federal
structure. So this shows how the clash
of linguistic can cleave the nation all together this is also seen in when
Bangladesh formed after being disintegrate from Pakistan. In India as we have mentioned it already that it is of
diverse culture so there is always a
eruption of protest among the people in
nation so the central government always tried to change the laws to the need of
regional society the very example for the disturbance is Jallikattu protest
held in Tamil Nadu where it was a
leaderless protest it showed the self determination of the people and it also
held in Karnataka for kambala so this is an epitome of problems that gets arises
in federalism when the voice of the people especially from the minority isn’t
heard well enough. Likewise in Nigeria the problem is much worse because it
isn’t only about ethnicity or linguistic problem but it is more like a power
and resources sharing among the citizens equally but due to the heterogeneous
nature the majority people suppressed the minority this nation id(psychology)
in verge of disintegration so close studying this will help us to know the
pinnacle of unstable federalism.
4. LESSONS OF EXPERIENCE:
The concept of federalism isn’t something
same, it differs from nation to nation by studying all these countries we can
understand the power distribution among nation is different, the fathom is
relative it depends upon the particular country’s need. From the examples we
saw, it is apparent that federalism requires both intellectual necessity and
political demand, that isn’t common to all society. Federation is social
phenomena where there are so many factors are taken into consideration during
the time power sharing because in federalist country like India where it is a
multi-dimensional framework and the resources also not equal, so this is the
issue in our country that’s why India has applied Asymmetrical approach where
it is somewhere common in between a centralist and cooperative federalism as we
can see in many provisions of constitution like
Now it is more important to giver importance
to all the people in the cosmopolitan society because unlike Nigeria showing a
great affection to one particular society will disintegrate the society and we
choose to be like US that will cause a cleavage in the society and it will lead
to regionalism, Now in this present globalization many things got changed now
the transnational advocacy got popular and it is even seen during farmer’s bill
protest, people from the other countries have started supporting the protest so
if we don’t give enough attention then that will lead into secession as
happened in Yugoslavia where there was heavy economic and political crisis and
where the Croats & Slovenes who
argued for greater power and the autonomy that led to internal wars, so it is
high time the India keep balance between unitary and state. The same lesson is
taught by the Czechoslovakia case where the country
got dissolved when one part of the country was doing well economically and
refused to share with Slovakia and in return Slovakia demanded autonomy so that
led into dissolution. This is the lesson should be learned by all the countries
that follow federalism, so they won’t get disintegrated.
The concept of federalism is a way to combat
the inefficacious position of the states, the union is the leviathan formed by
the people from the union of the state to accomplish a common good. It also
even scores the imbalances of various part of the federalist country, but it
should be driven by the factor goal component and the main driving force is the
separation of the powers and the demarcation should be strictly followed
because the social conscience won’t be the same throughout the country. There
should be a negative duty on the union government to not to hold the vein of
the state government because it usurps the freedom of the people and that leads
to secession and regional revolution which affects the unity, the history
always taught us that absolute power corrupts absolutely, it is high time India
should follow the principle to keep Bharat going.
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387