Via Westminster Wisdom, Vino discusses assymetrical devolution of the British political system.
Australia uses the technology of federalism and a written constitution to separate the political responsibilities between the national government and the states.
The British constitution is a mix of practice, convention and statutes over time but until recently there has not been a growing layer of government outside the national parliament in London and the local councils.
The devolution and establishment of Scottish parliament, the Welsh Assembly and Northern Ireland parliament, without the clear cut separations of federalism or confederacy have raised some issues.
Vino argues that asymmetrical devolution is natural in national systems and can be accounted for politically without too much disorder.
Secondly, looking abroad asymmetrical devolution does exist in a number of cases abroad. In Spain, Catalonia and the Basque country have more autonomy than other provinces of Spain. The Spanish Constitution enshrines the right of provinces to ask for and negotiate autonomy with the Centre - if they wish. Due to their history and to the existence of indigenous nationalist movements, Catalonia and the Basque country have done so. Other provinces have not felt the need to do so. Also, although it is mostly a uniform federal system, the US does have forms of asymmetrical devolution too. Washington DC does not have the autonomy a state does. It is under a form of direct rule by the federal government. Such is a case of asymmetrical devolution, as powers are vested in states which are not vested in the local government of Washington DC.It is interesting to note that the Australian Territories have been evolving into the federalist structure with self-government, and presumably becoming states in the future. The Northern Territory has already posed the question of becoming a state. Washington DC by comparison has its budget approved by a committee in Congress. It has a delegate in Congress but like delegates from Puerto Rico, American Samoa and Guam, the representative is a non-voting position who can take part in floor debates. There is a great deal of resentment in Washington DC that they do not have full Congressional enfranchisement in the House and Senate. The number plates on cars for Washington DC have "Taxation Without Representation" emblazoned on them. Vino argues that asymmetry is often a needed political compromise:
The Spanish case, to me, is a case where asymmetrical devolution has been designed to reach a much-needed compromise between the nationalist aspirations of local nationalists and the desire of the bulk of the people and of the country as a whole to maintain a degree of national unity. Autonomy which leaves local nationalists of a community satisfied can stop short of outright independence. Such autonomy enables a compromise between the nationalist aspirations of Catalan nationalism and the desire of Spanish nationalism to keep Spain united.Gracchi however does see a need for an English Parliament. This would make the UK more akin to a Federalist system as currently the national parliament is doubling as the English parliament.
The issue at the moment in the UK is that there are various asymmetrical devolution settlements - there is not just one problem - but Parliaments in Wales, Scotland and Northern Ireland all have different powers and in England there is no body with those powers. All other decisions are taken at a national level - hence whilst a Scottish MP at Westminster can vote on English health matters he can't vote on Scottish health matters. This produces the situation like in England recently where a measure passed charging English students for their university stay, because Scottish MPs voted for it, when Scottish students receive free university education. There is here a manifest injustice.Gracchi also argues that this form of political structure is incompatible with representation and leads to unjust democratic outcomes where "votes mean different things in different places". Fascinating discussion. Both links are well worth the read.
