The Concept And The Definition Of Federalism

The Concept of Federalism:

Federalism according to the different periods of law and system are evidenced according to the different circumstances through which an ancient historical background has passed, according to some sources. Federalism dates back to 3200 years BC in the era of ancient Israel and then the ancient Iranian material state (Fenna, 2007, pp.298-306) but according to some other sources, the ancient Greek era at a high level promises the golden age in terms of political and philosophical thought, the emergence of federalism in terms of theory and practice or application (Mawlud cited in hicks, 2006, p.238).

But then according to the passage of time federalism emerged in the form of organizational or systematic and the most prominent examples of this system in 1787 The formation or form of the federation among the United States of America(kaka rash, 2002, pp.31-32). And also in the nineteenth century after many years of practicing the Confederation in Switzerland. Finally, in 1848, the federation declared among the cantons in Switzerland (center for strategic research of the Iranian Kurdistan Democratic Party, 2712k, p.184), but in the perspective of Reiker and Bromens, the twentieth century is considered a century of federalism because a large number of Countries in the world follow or end this system (Fenna, 2007, pp.298-306).

In the perspective of linguistically, the term of federalism came from the word (Foedus), as this Latin word benefits the meaning of the agreement (Kaka rash, 2002, p.5). In the perspective of the word of federalism meaning of Or association, or benefit the meaning of the charter or alliance (Ismael Cited in Zaydi, 2017,p 217) So, in the perspective of Encyclopedia of Social Sciences, the concept of federalism, which means association, group, alliance, confederation, union, (Hmawand, 2001, pp.181-182).

Definition of Federalism:

Federalism within the scope of long history has been practiced and applied in different countries, with the passage of time and different stages until now as a system practiced to resolve customary and sectarian conflicts in many countries, but one of the concepts that different opinions by the majority of thinkers and did not get to a specific understanding (Hassan, 2017, p.8). and among them Oppenheim in the federal state, he says, ‘A federal state is a perpetual union of several sovereign states which has its own organs which is invested with power not only over the over their citizens’ (mawlud cited in Oppenheim, 2006, p.251).

William Ricker defines federalism as it is the division of powers between the federal government and regional governments within the scope of a political organization that each of those governments has power to the extent and limit that they can decide and the final decision on these issues that are in their hands (Antony, 2019, P.13). Sanjay Kumar Singh of the University of Jawaher Nahru in Hindustan believes that a broad definition of federalism is the administration of some regions and territories that are administered by patriots residing in those regions (singh, 2008, p.14).

Dr. Muhammad Hamawndi defines federalism as a term or is an independent constitutional entity, provided that in these entities there is a legal political authority and they run themselves and are bound by constitutional provisions for their federal state, because this state is based on those principles and rules, and thus that the state constitution is a system Mixed constitution (Hamawand, 2001, pp. 181-182). At the same time, Dr. Muhammad Omar about federalism, believe that ‘a mixed political and constitutional internal organization, according to this federal opinion that is some member state, or some state that falls under the command of A federal state above them, and this organization has two sides, one of which is external, as a union as a unified state External sovereignty of the field presents itself, and the other face is internal and Heya face consists of some constitutional entities that are involved in the use or the use of sovereignty ‘(Mawlud, 2006, p.253).

In general, we can say that the federal system is a political constitutional union between some regions and regions that bargain over some or part of their powers and are prevented by the central authorities of the federal state and they form a federal state, the basis of a voluntary union based on the principle of separation and division of powers between the federal government and governments Territories.