Devolution
Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level.[1] It is a form of administrative decentralization. Devolved territories have the power to make legislation relevant to the area, thus granting them a higher level of autonomy.[2]
This article is about the form of government. For other uses, see Devolution (disambiguation).Devolution differs from federalism in that the devolved powers of the subnational authority may be temporary and are reversible, ultimately residing with the central government. Thus, the state remains de jure unitary.[3] Legislation creating devolved parliaments or assemblies can be repealed or amended by central government in the same way as any statute. In federal systems, by contrast, sub-unit government is guaranteed in the constitution, so the powers of the sub-units cannot be withdrawn unilaterally by the central government (i.e. not without the process of constitutional amendment). The sub-units therefore have a lower degree of protection under devolution than under federalism.[4]
Australia[edit]
Australia is a federation. It has six states and two territories with less power than states.
The Australian Capital Territory refused self-government in a 1978 referendum, but was given limited self-government by a House of Assembly from 1979, and a Legislative Assembly with wider powers in 1988.
The Northern Territory refused statehood in a 1998 referendum. The rejection was a surprise to both the Australian and Northern Territory governments.
Territory legislation can be disallowed by the Commonwealth Parliament in Canberra, with one notable example being the NT's short-lived voluntary euthanasia legislation.
Mexico[edit]
The Federal District[edit]
All constituent states of Mexico are fully autonomous and comprise a federation. The Federal District, originally integrated by Mexico City and other municipalities, was created in 1824 to be the capital of the federation. As such, it was governed directly by the central or federal government and the president of Mexico appointed its governor or executive regent. Even though the municipalities within the Federal District were autonomous, their powers were limited. In 1928, these municipalities were abolished and transformed into non-autonomous delegaciones or boroughs and a "Central Department", later renamed as Mexico City. In 1970 this department was split into four new delegaciones, and Mexico City was constitutionally defined to be synonymous and coterminous with the entire Federal District.[8] (As such, the boroughs of the Federal District are boroughs of Mexico City).
In the 1980s, the citizens of the Federal District, being the most populated federal entity in Mexico, began to demand home rule: a devolution of autonomy in order to directly elect their head of government and to set up a Legislative Assembly. In 1987, an Assembly of Representatives was created, by constitutional decree, whose members were elected by popular vote. The devolution of the executive power was not granted until 1997 when the first head of government was elected by popular vote. Finally, in 2000, power was devolved to the delegaciones, though limited: residents can now elect their own "heads of borough government" (jefes delegacionales, in Spanish), but the delegaciones do not have regulatory powers and are not constituted by a board of trustees, like the municipalities of the constituent states.
The autonomy, or home rule, of the Federal District, was granted by the federal government, which in principle has the right to remove it. The president of Mexico still holds the final word in some decisions (e.g. he must approve some posts), and the Congress of the Union reviews the budget of the Federal District and sets the limit to its debt.[9]
Some left-wing groups and political parties have advocated, since the 1980s, for a full devolution of powers by transforming the Federal District into the thirty-second constituent state of the Federation (with the proposed name of "State of the Valley of Mexico", to be distinguished from the state of México; another proposed name is "State of the Anahuac").
Indigenous peoples[edit]
In a recent amendment to the Constitution of Mexico, the country was defined as a "pluricultural nation" founded upon the "indigenous peoples".[10] They are granted "free-determination" to choose the social, economic, cultural and political organization for which they are to elect representatives democratically in whatever manner they see fit, traditionally or otherwise, as long as women have the same opportunities to participate in their social and political life. There are, however, no prescribed limits to their territories, and they are still under the jurisdiction of the municipalities and states in which they are located; the indigenous peoples can elect representatives before the municipal councils. In practice, they are allowed to have an autonomous form of self-government, but they are still subject to the rights and responsibilities set forth by the federal constitution and the constitution of the states in which they are located.[11]