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Federalism and the Separation of Powers at the Subnational Level
Unformatted Document Text:  abolish a state by ordinary legislative procedure without recourse to constitutional amendment”. 41 It is with caveats that we classify India as a case of federalism regarding the subnational separation of powers. Malaysia and Russia have no court systems or very weak courts, at the subnational level. In Malaysia the federal Supreme Court is the highest authority in a centralized judicial system. Each state has its own high courts, but no supreme court. Federal laws “take precedence over state laws in matters of incompatibility”. 42 Islamic law is practiced throughout Malaysia, and the administration of Islamic affairs, including courts, is relatively decentralized, typically under the supervision of a sultan. Malaysia is regarded as quasi- federal. In Russia, Article 71 of the highly centralist 1993 constitution places the courts entirely under the federal government. Although Russia’s 89 territorial components have their own legislatures, only 12 regions have their own courts. Russia has a further problem. Under President Putin, the federal government has increasingly encroached on the autonomy of the regions, enacting reforms to make it possible for the president to dismiss regional assemblies and remove governors. 43 One author concludes that Russia is federal “more in name than in reality,” 44 another claims Russia is “a federation without federalism.” 45 Indeed, its constitutional order is precarious, with unrestrained executive power exercised both nationally as well as in many of the subnational units. St. Kitts and Nevis pose additional challenges for classification. One island has a legislature (Nevis), but another (St. Kitts) does not. Moreover, the system of justice based the East Caribbean Supreme Court based in St. Lucia. Another island nation, Comoros, is at best a quasi-federal system. Each island has its own president and assemblies, but there is a 18

Authors: Cameron, Maxwell. and Falleti, Tulia.
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abolish a state by ordinary legislative procedure without recourse to constitutional
amendment”.
It is with caveats that we classify India as a case of federalism regarding the
subnational separation of powers.
Malaysia and Russia have no court systems or very weak courts, at the subnational
level. In Malaysia the federal Supreme Court is the highest authority in a centralized judicial
system. Each state has its own high courts, but no supreme court. Federal laws “take
precedence over state laws in matters of incompatibility”.
Islamic law is practiced
throughout Malaysia, and the administration of Islamic affairs, including courts, is relatively
decentralized, typically under the supervision of a sultan. Malaysia is regarded as quasi-
federal.
In Russia, Article 71 of the highly centralist 1993 constitution places the courts
entirely under the federal government. Although Russia’s 89 territorial components have
their own legislatures, only 12 regions have their own courts. Russia has a further problem.
Under President Putin, the federal government has increasingly encroached on the autonomy
of the regions, enacting reforms to make it possible for the president to dismiss regional
assemblies and remove governors.
One author concludes that Russia is federal “more in
another claims Russia is “a federation without federalism.”
its constitutional order is precarious, with unrestrained executive power exercised both
nationally as well as in many of the subnational units.
St. Kitts and Nevis pose additional challenges for classification. One island has a
legislature (Nevis), but another (St. Kitts) does not. Moreover, the system of justice based
the East Caribbean Supreme Court based in St. Lucia. Another island nation, Comoros, is at
best a quasi-federal system. Each island has its own president and assemblies, but there is a
18


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