The Problem of the Distribution of Legislative Jurisdiction between the Federal Parliament and Regional Parliaments: A Comparative Study of the Federal Constitutions of the United States, Canada, Germany, and Spain

Volume 13 , April 2025 , Pages 493-506

Authors

Abdul Karim Al-Hadiqi ; Ahmed Al-Sudani

DOI logo 10.17656/jlps.10306

Keywords

Abstract

This research paper addresses the problem of the distribution of legislative competence in the federal state between the federal parliament and the regional parliaments in the United States of America, Canada, Germany and Spain. To deconstruct this problem, we first addressed the concepts of the federal state, legislation, the federal parliament and the regional parliaments. After that, we reviewed - within the framework of a comparative study - the legislative competence that the federal parliaments of these countries have over the regional parliaments, highlighting the similarities and differences between them. In order to study the extent of the breadth or narrowness of the margin, scope and limits of legislation in regional parliaments compared to the federal parliament, we compared the legislative competences of state parliaments in the United States of America, provincial parliaments in Canada, legislative assemblies of autonomous communities in Spain and the Lander in Germany, and based on this comparison, we determined the specificity of each legislative body of these local parliaments, and we also explained their similar legislative powers. We followed this comparison by studying the legislative powers shared between the central parliaments and the local parliaments of the countries concerned, on the one hand, and deducing the preponderance of legislation for the federal parliament or the regional parliaments in these countries being compared in legislative areas characterised by a legislative vacuum or lack of legislation, or in which one of them has implicit or indirect authority to legislate.

Keywords:  Legislation // Federal State // Federal Parliament // Regional Parliaments

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  • First online25 April 2025
  • Published at25 April 2025

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