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Category Archives: Federalism

The Concurrent List is a hindrance to good federalism – Business Standard

Posted: April 29, 2022 at 4:23 pm

In the last two weeks the DMK government of Tamil Nadu has started following the West Bengal government's example: it has begun to precipitate a very old issue, namely, the rights of the states vis-a-vis the Centre. First, it demanded rent for the use of the states' land for airports.

Then, it passed a law that takes away the power of the governor to appoint vice-chancellors in the state's universities. Independently, the Supreme Court has also admonished Tamil Nadu's governor who, constitutionally, is an agent of the central government to stop ...

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First Published: Fri, April 29 2022. 09:13 IST

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The Concurrent List is a hindrance to good federalism - Business Standard

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Federalism in India – Federal Features & Unitary Features …

Posted: April 27, 2022 at 10:11 am

Federalism is a system of government in which powers have been divided between the centre and its constituent parts such as states or provinces. It is an institutional mechanism to accommodate two sets of politics, one at the centre or national level and second at the regional or provincial level. It makes an important part of Indian Polity syllabus of the IAS Exam. This article will introduce you to Federalism in India notes.

In a federation system, there are two seats of power that are autonomous in their own spheres. A federal system is different from a unitary system in that sovereignty is constitutionally split between two territorial levels so that each level can act independently of each other in some areas.

There are two kinds of federations:

Read the difference between Indian and the US government in the linked article.

Aspirants reading the topic, Federalism in India, are also suggested to read the following topics related to Indian Polity syllabus:

All federations might not have all the above features. Some of them may be incorporated depending on what type of federation it is.

India is a federal system but with more tilt towards a unitary system of government. It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system. Article 1 of the Indian Constitution states, India, that is Bharat, shall be a union of states. The word federation is not mentioned in the constitution.

Elements of federalism were introduced into modern India by the Government of India Act of 1919 which separated powers between the centre and the provincial legislatures.

Read about Constituent Assembly debates on Federalism in the linked article.

Also, read the RSTVs Big Pictures discussion on challenges to the Federal Structure in the linked article.

Federalism is an important principle and federalism in India is especially relevant for the UPSC exam. It comes under polity and governance in general studies paper II in UPSC Syllabus 2022.

Federalism in India UPSC Indian Polity Notes:-Download PDF Here

Some features are: (1) Clear division of powers between the Centre and the states, (2) Independent Judiciary, (3) Bicameral Legislature, (4) Dual government polity, (5) Supremacy of constitution.

The Indian model of federalism is called a quasi-federal system, as it contains major features of both a federation and union.

UPSC GS-II Preparation:

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First Five Years of Federalism in Nepal – Myrepublica

Posted: at 10:10 am

The greatest achievement of federalism is peace. There is peace throughout the country. We can simply compare the situation of terror during the conflict period and the situation now. If there were no peace in the country, then perhaps nothing would make sense.

Nepal passed through an unprecedented period in its history for a decade due to the armed conflict initiated by the then CPN (Maoist). About 17,000 people were killed, thousands were injured and thousands others were displaced in the conflict that began in 1996. The rural areas were under effective control of the Maoist rebels for years while in the urban areas, ordinary people lived under terror as a result of the activities of the army, police and the rebels.

After the Maoists entered the peace process for a negotiated settlement, a fresh movement began in the Madhesh region, the countrys southern plains. Thousands of people of hilly origin were displaced from Madhesh. As the political leadership in the country reached political deals to address grudges and political aspirations of the people, Nepal witnessed unique political changes that only a few countries in the world have experienced. The country was transformed from a 240-year long monarchical system into a democratic republic and federalism was embraced renouncing the centuries-long unitary system in the country.

The state structure of the country has since undergone phenomenal changes as a result of federalism. The state power has been divided between the three levels of governments in the new federal system of governance. Seven provinces and 753 local governments have come into existence in the new set up. A section of people have raised questions about these newly-created structures in the federal set up. Why do we need seven provinces in a country with a small population and small geography? Why are there so many parliamentarians and ministers? These are some of the key questions raised by the people. We have not been able to adequately answer them. The first question has been raised while making reference to neighboring India. There are only 36 provinces in India even as the country has a population of about one and a half billion. Why do we need seven provinces even as we have less than 30 million population? As a neighboring country, it is natural to link the context of Nepal with India.

However, it is not entirely justifiable to look at the example of India alone. Let's also look at Switzerland, a country a little further away. Switzerland is the oldest federal country that was transformed from a unitary structure to a federal one in 1848. Its geography is a little larger than our Karnali province. The population is 8.7 million-- nearly one fourth of the total population of Nepal. However, there are 26 provinces/cantons. A question worth asking here is: why are 26 cantons/provinces needed in such a small country? The areas of the cantons vary from 37 km2 to 7,105 km2and the population ranges from 16,000 (AppenzellInnerrhoden) to 1.5 million ( Zrich). The area of Switzerland's largest province is about the same as our smallest province. Their most populous province is like our least populous province. However, the Swiss citizens do not complain that there are more provinces than needed. These facts confirm that geography and population do not play a significant role in determining the number of provinces.

As evident in Switzerland, the issue of federalism is, therefore, not the number of provinces, but the solution of political issues. What is then the rationale behind embracing federalism with provinces if the central government, local bodies and other structures that existed before the country adopted federalism failed to solve the problem. The number of provinces is a matter to be decided on the basis of justification and need of the country and political consensus. If there are any problems in the implementation of federalism and the operation of the provinces, it is necessary to find ways to improve and address them. But it is certainly not the time to look for alternatives.

Why do we need federalism?

Why did Nepal embrace federalism? Or, why did the countries that embraced the unitary system of governance transform into federations? This question is also linked with the basic question about federalism. In the 20th century, many unitary-based countries moved to federalism in an attempt to address internal strife and dissatisfaction. For instance, Spain has moved to a federal state structure to empower the autonomous regions. In the process of managing the decades-long armed conflicts, not only Ethiopia but also Sudan, Congo and Iraq adopted federalism. India, which was mostly integrated by the British, embraced a federal system of governance on the basis of social, cultural, linguistic and geographical factors. India initially had just 14 states, but this number has now reached 28 states and 8 union territories.

The United States of America embraced federalism in 1776 with the intention of allowing independent and sovereign states to conduct matters of common interest through mutual consent and agreement. The USA has a joint structure of independent states, especially with the aim of promoting trade and national security. The situation is similar in Switzerland. With the aim of preserving and promoting the autonomy and cultural diversity of its cantons, Switzerland entered into federalism in 1848. Germany also became a federal state in 1949 through independent decision-making by Landers and mutual agreement.

A fundamental aspect of federalism is the division of state power between the center and other federal units. In the federal system of government, the political, administrative, economic, judicial and other rights of the country are divided among federal units. According to the preamble of the Constitution of Nepal, federalism has been introduced to ensure economic equality and social justice by eliminating geographical, cultural, regional, class, ethnic, linguistic, religious, gender and other forms of ethnic untouchability and to build inclusive democracy through proportional, inclusive and participatory methods. Irrespective of their demographic and geographic size and economic status, a total of 29 out of nearly 200 countries in the world, including Nepal, have embraced the federal system of governance.

Achievements of federalism in Nepal

There have been some tangible achievements since the country embraced federalism. The sub-national governments (Province and Local) have come into existence. Despite adverse circumstances followed by the outbreak of the COVID-19 pandemic, the sub-national governments have made some noticeable achievements. Provincial and local governments have been closer to people in terms of addressing their needs. With the institutionalization of the Federal Democratic Republic system, sovereignty of the people has been exercised by the elected representatives. The provision of the proportional representation electoral system enshrined in the federal constitution has paved the way for increasing the representation of women in all sets of governance systems. As per the Inter-parliamentary Union, an organization representing parliaments from around the world, womens representation in the parliament of India, China and the US is 15 %, 25 % and 28 % respectively. In Nepal, it is 34%. Women's representation in Nepal's parliament is more than double that of India. At the local level, women's representation is 41 percent. The institutional set up of the previous governance system has been changed. More than half of the civil servants have been adjusted at the sub-national levels.

Most of the development offices centered in the district headquarters have reached the local level. There are some ministries, departments and institutions centered at the federal level. Institutional restructuring and staff adjustment have already taken place. High-ranking civil servants rarely work in the far-flung areas of the country. But now they are compelled to move to the subnational levels. Going down by high-ranking employees also means taking the services to the doorsteps of the people. We should not forget the fact that local level elections, which could not be held for 20 years, were made possible only after the federal set up.

Prior to the federal structure in Nepal, the internal revenue of all local bodies was less than Rs 10 billion. At present, the local level has reached the position of mobilizing internal revenue of about Rs 40 billion. The local levels, which could hardly make a budget of Rs 3 million, are now in a position to make a budget of over Rs 1 billion. Increasing the size of internal resources and budget also means a qualitative leap in development and service delivery. The resources of the centralized state have become constitutionally decentralized due to federalism.

Federalism has also helped people to become more self-reliant. Before federalism, citizens had to go to the district headquarters and the capital city to receive various services provided by the state. Currently, about 70 percent of the tasks are done at the local level. In addition to this, citizens are able to receive services from the local governments. Accountability towards citizens has increased. The powers and rights seekers in the past are now in a position to give rights to others. Those who knocked at the doors of the National Planning Commission and the Ministry of Finance for resources are now in a position to distribute resources by themselves.

During the conflict period, most people in the rural areas left their homes. Thousands of civilians were displaced even during the Madhesh movement. However, with the implementation of the federal system of governance, peace has returned to the country. The problems of the citizens are now shifting to the sub-national governments level. Before federalism, the central government had to deal with the small problems of grassroots people. Probably, if there was no change in the country, the local levels would still be without the people's representatives.

Federalism should not be viewed in absolute terms. Before federalism, there was a predominance of certain castes, communities in the state-running mechanism. It has improved since the implementation of federalism. In addition to this, at present there is competition among the subnational governments in the areas of development and construction and service delivery. The powers of the central level have reached the subnational level. The service centers have reached close to the people. How much did it cost to reach the district headquarters and the capital city from the remote villages and how much does it cost now? Let's calculate the cost of federalism along with the service flow from the center to the bottom level.

The greatest achievement of federalism is peace. There is peace throughout the country. We can simply compare the situation of terror during the conflict period and the situation now. Even the people of the capital city did not sleep well. Let's compare peace with the cost of federalism. No matter which policy system we adopt, its main goal is development, prosperity and good governance. Even more important is peace. If there were no peace in the country, then perhaps nothing would make sense. We should now focus on making the system less expensive and more flexible. Due to federalism, stability and peace has been established in the country. For those who understand, federalism is a piece of cake, while for those who do not, it is a burden.

Room for reforms

If all three levels of government work within the limits set by the constitution, there is no need to worry about cost management. The federal government must abandon the centralized mindset. There is no need to have a bigger institutional structure at the center. The countrys police organization has not been adjusted according to the federal set up yet and this delay will hold the provinces back. They will also keep the police in their own strength to fulfill their constitutional responsibilities. In order to minimize the cost to sustain the federal system of governance, half of the existing manpower of Nepal Police and Armed Police Force must be transferred to the provinces. More than half the functions are gone down, why do we need larger sets of civil servants and other human manpower at the center?

Another important thing that needs immediate intervention is improving the federal system of governance by reducing the number of ministers in the provinces. The number of ministers should be limited to 10 percent of the Provincial Assembly members. For this, an amendment to the constitution is necessary. Similarly, problems have arisen even in the absence of a Civil Service Act, due to which the complexity of staff management at the sub-national government level has surfaced. This has disrupted the service flow of these entities. There are rumors that the government is going to bring an ordinance in this regard, but the ordinance should be brought keeping in view the interest of the citizens rather than the interest of the employees. Despite the aspirations of the people for peace, good governance, development and prosperity through the new system, the work has not been done accordingly. The pace of law making is equally slow.

It is natural for citizens to expect a lot from federalism. However, due to the abrupt dissolution of the House of Representatives twice in the last three and a half years, some major problems have also arisen in the implementation of federalism. Even after the restoration of the House of Representatives, parliament has not been functioning properly. The main opposition has been obstructing parliament for more than six months. The changes seen in the political scenarios of the provinces have also adversely affected the functioning of federalism. It is necessary for parliament to be active for the consolidation of federalism. If parliament becomes functional, a number of processes including law-making can be expected to gain momentum.

Nepal's federalism is based on the principles of coordination and cooperation, which, if assimilated, will help in its strengthening. There are various methods of empowerment. The most appropriate tool is the activation of inter-province councils including the Provincial Coordination Council, Sectoral Thematic Committee, etc. The constitution provides subnational level functional responsibilities to the subnational government but the hands and feet of these governments are still tied. In Canada, even though the local level is under the province, all works related to local service delivery and infrastructure development are carried out by the local level. In Germany, 92 percent of university functions are carried out by Province/Lander. In Nepal, the province has the right to higher education and provincial universities. Ironically, the federal government continues to open universities even five years after the implementation of federalism in the country.

In Switzerland, there is a practice of involving provinces/cantons in discussions and decisions on foreign policy. In our case, even while deciding issues that will seriously affect the provincial level, there is not even general discussion. For example, while deciding on the issue of 'Kaligandaki Diversion Canal', the then Oli-led government did not even hold discussion with the Gandaki Province. None of the province governments were informed about the decision regarding the extraction of stone, sand and ballast. Then Prime Minister Oli had inaugurated 240 local roads that apparently fall under the jurisdiction of the sub-national governments. This makes the problem of coordination evident in the implementation of federalism in Nepal.

All these things clearly demonstrate that the federal government is not positive and honest about the implementation of federalism. The rights delegated by the constitution to sub-national governments have not been implemented honestly. In this context, a resolution proposal has been registered in the National Assembly for the implementation of federalism. However, the resolution has yet to be deliberated due to continuous obstruction in parliament by the main opposition party. This must be discussed in the next session of parliament. If it is passed and implemented, there will be a big change in the implementation of federalism.

Conclusion

Undoubtedly, no system of governance has positive aspects only. Problems arise when political leaders are not honest and fail to demonstrate professional integrity. It is unfortunate that a situation has arisen in which our federal system of governance has been called into question in a short period of time mainly due to the 'bad' leaders of political parties. There is plenty of room for improvement. We have experienced a varied system of governance including Rana rule, autocratic monarchy and constitutional monarchy. Nepal is making an experiment of federalism after passing through all these kinds of governance.

There is no denying that federalism has not yielded the expected results due to the lack of good guardianship. In the areas of staff management, law and institutional structure building, capacity building, fiscal transfers in a proper way , etc. should be carried out in a coordinated manner. We no longer have the option of strengthening and consolidating federalism by tackling all sorts of problems. If there is only strong intergovernmental relations, effective fiscal federalism, successful administrative federalism, activism in law making and promptness in service delivery, then there will be no major problem in the implementation of federalism. If the organs of the state related to these subject areas become sensitive, the common citizen will feel the change, and will help to resolve or minimize contradictions related to federalism.

In order to ensure the success of federalism, the federal government should not be stingy in fulfilling the guardianship seen at the sub-national levels. The sub-national levels also need to pay sincere attention to the implementation of federalism. There is no need to panic or feel frustrated in the implementation of federalism even as there are some ups and downs. Things could change a lot if political parties turned honest enough in the implementation of federalism.

(The author, an expert in federalism, is a member of the National Assembly.)

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Understanding Federalism | National Archives

Posted: at 10:10 am

Summary

Each of the five activities in this lesson introduces a different aspect of federalism. Introducing Federalism explores everyday situations that demonstrate the influence of federalism. The Historic Roots of Federalism shows students how the Articles of Confederation and the Constitution are grounded in federalism. Federalism in the Constitution explores federalism as described in Article I of the Constitution. Federalism in History uses historic legislation to illustrate how the relationship between the Federal government and the states has changed over time. Federalism in Everyday Life uses everyday experience to show the overlap among the different levels of government. The activities can be completed separately over the course of several classes.

Students will learn about federalism and its role in civic life by completing one or more of the activities.

What is federalism, and how does this constitutional principle influence government and civic life in the United States?

6 Worksheets

Answer Keys

Grades 6-8

Civics; U.S. Government

Each activity requires approximately 30 minutes to complete. Activity 5 has two optional parts which can be done in class or as homework assignments.

Activity 1: Introducing Federalism

Activity 2: The Historic Roots of Federalism

Activity 3: Federalism in the Constitution

Activity 4: Federalism in History

Activity 5: Federalism in Everyday Life

Optional Activity

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Reinstated Trump Water Rule Could Help Economy Grow – Heritage.org

Posted: April 22, 2022 at 4:46 am

The Supreme Court recentlyreinstateda Clean Water Actregulationby the Trump administration that helps to prevent states from using reasons other than water quality, such as climate change, to block critical infrastructure and energy projects.

The rule, which specifically addresses states abuse ofSection 401of the Clean Water Act, will remain in place pending litigation.

First, some background on the rule. Congress made it clear in the Clean Water Act that states are expected to take a leading role in addressing water pollution. Section 401 of the statute is a great example of how the law reflects this respect for federalism.

Asexplainedby the Environmental Protection Agency:

Section 401 of the CWA requires that, for any federally licensed or permitted project that may result in a discharge into waters of the United States, a water quality certification be issued [by states and authorized tribes] to ensure that the discharge complies with applicable water quality requirements.

Therefore, states may use the Section 401certification processto ensure that federally permitted activities dont harm states water quality.

But in recent years, some states haveabusedthis process to address issues that have nothing to do with water quality, which in turn has delayed or blocked critical projects.

For example, in 2017, the state of Washington used Section 401 to block the proposed Millennium Bulk terminal project, a large coal export facility along the Columbia River that would help export coal to Asia.

In denying the Section 401 certification, the state heavilyreliedupon factors that have nothing to do with water, such as vehicle traffic, train noise, and rail safety.

The Trump administrations Section 401rulerequires states to focus on water quality requirements only, and not use the process to achieve other state objectives such as addressing climate change.

Why is the rule important? If left in place, it will help to address many inappropriate, state-imposed obstacles to critical projects. And the need for these projects, especially in energy, is more important than ever.

When introducinglegislationthat would codify the Trump rule, Sen. Richard Shelby, R-Ala.,remarked: Now more than ever, hardworking Americans are facing rising prices in energy commodities [and] this legislation would support the checkbooks of American households and properly safeguard infrastructure projects in our energy and development sectors.

Sen. Kevin Cramer, R-N.D., echoed similar concerns,noting:

For far too long, Section 401 of the Clean Water Act has been used by liberal, activist states to hijack energy infrastructure and sabotage energy producing states, like North Dakota, without legitimate cause. With energy prices skyrocketing, its high time we provide much needed regulatory certainty and guardrails to prevent future abuses.

The senators were both right, and prices have gotten only worse since they made their statements.

Just-released inflationnumbersare staggering.The year-over-yearinflation ratein March was 8.5%, the highest increase in over 40 years.

Then theres the prices Americans pay at thegas pump.

Retailpricesfor regulargasolinealready hadrisenby 48% from the week ending Jan. 25, 2021 (when President Joe Biden took office), to the week ending Feb. 21, 2022 (three days before Russias invasion of Ukraine). Currently, gas prices are over $4 per gallon, and in some areas of the country, theyexceed$5 per gallon.

The Trump administrations Section 401 rule can help unleash American energy and promote economic growth. Project developers will not have to deal with Section 401 abuses, and in light ofsoaringprices, these projects can offer a vital reprieve for American families.

Unfortunately, last year, the Biden administration already hadbeguntheprocessof coming up with its own Section 401 rule, almost certainly to undo key provisions of the Trump rule. The public should let its voice be heard through the regulatory process, submitting comments telling administration officials not to take this action.

The Biden administrations message of revising the Trump rule minimizes the benefits of the rule having just been reinstated. It signals that Section 401 abuses might come back and creates greater unpredictability beyond the pending litigation hanging over the rule.

Rather than overhauling the rule, the Biden administrations EPA should make it clear that the Trump rule will remain in place. This would send an important signal that economic growth, infrastructure, and energy abundance are not going to be hampered through abuse of the Clean Water Act.

But such an action admittedly might be a pipe dream, given the Biden administrations war on energy and its environmental extremism.This is why Congress needs to address this issue.

By codifying the Trump administrations Section 401 rule into law, such as through theSection 401 Certification Act, Congress would create much-needed predictability and get rid of Section 401 abuses.

This would be just one important action of many that policymakers need to take to eliminate harmful regulatory barriers and implementpoliciesthat would promote energy abundance and economic flourishing.

This piece originally appeared in The Daily Signal

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Technical support to teachers: Mentoring as an intervention – The Himalayan Times

Posted: at 4:46 am

One of the rationales of federalism in Nepal is providing quality public services nearer to the people.

As such, the new constitution is the outcome of the people's aspiration to get basic services promptly through autonomous and self-ruled local institutions.

Throughout the ages, delivery of school education has always been at the core of governance. School education has thus been treated as a merit good and service.

Therefore, in line with the spirit of the constitution, the power and function of school education have been devolved to the local governments (LGs). In line with this, the government has taken three important decisions: abolished the concept and practice of Resource Centres and Resources Persons; reduced the 29 Education Training Centres to seven Provincial Education Centres; and done away with all the 75 District Education Offices.

A school is a unit that is located near to a community and the one and only institution directly responsible for the delivery of quality education to its pupils.

Among the many factors responsible for quality, one important and overriding one is the teacher.

Teachers make up a dynamic factor, whose professional commitment backed by action has a direct bearing on quality school education. Therefore, the professional development and technical expertise of the teachers are of paramount importance.

However, teachers and head-teachers equivocally opine that with the introduction of federalism, they have been made state orphans, with none to provide them technical support. Local governments, responsible for steering school education, have few education officers, who are primarily engaged in administrative work and find little time to visit schools. Although some LGs have hired resource persons on their own, this is not considered a sustainable solution.

The absence of resource centres and resource persons has created a vacuum where technical support is not available to the school teachers. Additionally, the provision of just seven provincial training centres, instead of 29, has also added another layer of hurdle in the professional development of the teachers.

All these provide few opportunities for school teachers' professional development and the much-needed technical support, impacting the quality of education.

One notable point is that the constitution has made education the right of every child as against the welfare approach of the former constitutions. This means it is the state's obligation to provide education services to the pupils, but the three decisions mentioned above have taken services away from the people.

It is also evident that the percentage of fully trained teachers in the community schools has reached over 98.2 per cent at the primary level and over 95 per cent at the secondary level. However, research backed by experience reveals that these training efforts have not helped meet the desired objective, as teachers continue to employ the rote method and teacher-centric classroom activities.

Amid these challenges, there is a ray of hope. For instance, the School Sector Development Plan (SSDP) and the draft of the School Education Sector Plan (SESP) have specifically mentioned the provision of teacher mentoring as an intervention in schools. This will be a school-based initiative where a more experienced person, or with specific expertise, will help and guide a less experienced one. This should be a more efficient, effective and sustainable mechanism in line with the mandate of the LGs along with strong international evidence on improving teachers' effectiveness.

School-based management has always been at the core of every strategic plan of education, be it the School Sector Reform Plan (SSRP) or the SSDP and the forth-coming 10-year SESP.

Keeping all these in perspective, the Ministry of Education, Science and Technology has initiated teacher mentoring in subjects like Mathematics, Science and English from Grades six to eight. Two rural and two urban municipalities of Lumbini and Bagmati Provinces have been selected, targeting 20 schools from each of the municipalities for the initial phase. The final goal is to expand the system to all the LGs.

The foremost challenge in sustaining the system is helping novice teachers gain the required teaching skills and knowledge, at both the content and process level. Mentoring, simply, is meant to help attract, motivate and develop novice teachers to perform higher in schools and transform them into learning and performing institutions.

Mentoring for novice teachers will also act as an induction activity so that they can acclimatise to the new environment.

The responsibility, therefore, lies with the LGs once it is successfully piloted. A desirable step to this end could be to inspire the LGs to adopt the system and incentivise and capacitate the mentors with some pecuniary arrangement and orientation workshop, respectively.

The orientation of mentors is of great importance in developing a shared understanding about the nature, process and methods of mentoring aimed at developing a cordial relationship between the mentor and mentee(s).

The mentor also needs to be supported financially so that they can provide regular support to the mentees through in-person or virtual meetings. Since prospective mentors will also represent practising teachers, extra precaution is needed in selecting teachers of repute so that the mentees feel professionally comfortable with them.

The mentoring system allows the mentors to experience the inner satisfaction of having shared their skills and also be recognised as one to develop personally and professionally.

The mentoring system should help experienced teachers to emerge as education leaders and novice teachers as successors, with the resultant effect of increased pupils' learning achievement.

Thapa is former Secretary of Education

A version of this article appears in the print on April 22, 2022, of The Himalayan Times.

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Technical support to teachers: Mentoring as an intervention - The Himalayan Times

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Rafael Nuez, the man who has been president of Colombia the most times – AL DIA News

Posted: at 4:46 am

Rafael Nuez is one of the most important characters in the history of Cartagena. So much so that the International Airport of the city is named after him, as well as one of the private universities and a neighborhood within the urban area.

Nez was born in Cartagena de Indias on September 28th, 1825, in the bosom of a wealthy family of the city, being the eldest of 3 children.

At the age of 15 he was accepted by General Francisco Carmona in the rebel troops to fight in the war of the Supremes. At the age of 18 he traveled with his father to Tumaco, where he remained for some months working. He studied at the University of Cartagena, where he graduated with a bachelor's degree in 1843 and then started in journalism and founded the newspaper 'La Democracia'.

During his political career he held minor positions until he became Governor of the department of Bolivar in 1854. In 1858 he was in charge of the governorship of the Sovereign State of Panama for two months and then became Minister of Finance under the presidencies of Manuel Mara Mallarino, Toms Cipriano de Mosquera and Julin Trujillo Largacha.

Rafael Nez was president of the Republic in four different periods: 1880-1882, 1884-1886, 1886-1888 and 1892-1894, being his second presidential period the most outstanding, since as a result of a civil war unleashed by radicalism Nez pronounced his famous phrase: "The Constitution of 1863 has ceased to exist" and sought to create the constitution of 1886 that eliminated federalism creating the Republic of Colombia, in addition to naming God as "supreme source of all authority" and restricting the vote to a system of "electors", one per thousand inhabitants.

During his last term, he symbolically took office in Cartagena on September 21st, 1892, but decided to stay away from power, leaving his vice-president Miguel Antonio Caro in charge.

Nez died on September 18th, 1894, victim of a stroke at his home in El Cabrero in Cartagena. Upon hearing the news, tributes were paid to him throughout the country.

In addition to being a poet, journalist, writer and politician, Nez was also the author of the lyrics of Colombia's national anthem, officially adopted in October 1920.

Currently, the house where Rafael Nez lived with his second wife Soledad Romn and where the Constitution of 1886 was signed, has been transformed into a museum open to the public. The house maintains its Caribbean style wood construction and exhibits furniture and objects that belonged to Nez. In front of the house there is a statue in honor of this personage.

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Rafael Nuez, the man who has been president of Colombia the most times - AL DIA News

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Chapter 3: Federalism and the Separation of Powers …

Posted: April 13, 2022 at 6:04 pm

Introduction

One great achievement of the American founding was the creation of an effective constitutional structure of political institutions. Two important aspects of the U.S. Constitutionfederalism and the separation of powersrepresent, in part, the framers efforts to divide governmental power. Federalism limits government by creating two sovereign powersthe national government and state governmentsthereby restraining the influence of both. Separation of powers imposes internal limits by dividing government against itself, giving different branches separate functions and forcing them to share power.

What is federalism? Why did the Founders adopt a federal rather than a unitary system? What kinds of federal relationships did the Constitution establish and how? How and why has the federal balance of power changed over time?

How did the Constitution divide power between the legislative, executive, and judicial branches of government? What are the different roles played by each of these branches in American national government?

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Chapter 3: Federalism and the Separation of Powers ...

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Global federalism is necessary to solve world problems – The Cougar – The Daily Cougar

Posted: at 6:04 pm

By Micah Erfan April 13, 2022

Juana Garcia/The Cougar

If the state of world politics over the past few decades has shown anything, its shown that the United Nations is in major need of some power. In other words, its time to revisit global federalism.

Global federalism refers to having a lawmaking entity at the global level to deal with worldwide problems that cannot be effectively solved on a smaller scale.

The international system based entirely on diplomatic relations between nation-states is destined for continual shortcomings if not eventual collapse.

No better example remains than the Paris Agreement, which has demonstrably failed at sufficiently countering climate change. An outcome that shouldnt be surprising since the agreement consisted not of legally binding requirements but rather only on the ever unreliable promises of politicians.

According to the World Meteorological Organization, the planet is now on track to far exceed the 1.5 Celsius warming limit, a point which climate scientists at the Intergovernmental Panel on Climate Change have marked as the limit beyond which the damage from warming will dramatically escalate.

If things continue as they are now, the consequences will be a catastrophic loss of biodiversity, human lifeand economic output that will impact the people of all nations.

Similarly, despite over 100 U.N. resolutions condemning them, the Israeli government continues its reprehensible apartheid against Palestinians. This occurs as Ethiopias genocidal civil war, which has claimed up to 500,000 lives in the past 16 months, rages on, and Russia continues its fascistic expansionist efforts in Ukraine.

All this while the lack of any global economic governance has incentivized a race to the bottom in national labor standards, worsened inequality, permitted large-scale tax avoidance and allowed long-term trade imbalances to persist.

When taken in tandem with the inability of the current system to deescalate the ever-growing global polarization in the competition between the U.S. and China and the continued proliferation of nuclear weapons, these facts should make it clear that the status quo is not acceptable.

The reality is that global problems require global solutions. In practical terms, this means that there is a need for current international structures to be transformed into ones that have some actual authority.

However, this greater endowment of authority must also be accompanied by sufficient measures to ensure these institutions are transparent, democratic and only exercise power over issues that lower-level governments cant properly handle.

Luckily, many ideas already exist for how this can become a reality. There are movements to democratize the U.N. by adding a permanent Global Citizens Assembly. Some activists and social scientists have advocated reforms to the U.N. charter that would create for it distinct, albeit limited, powers of taxation and international law enforcement.

One approach could be to revisit an idea that economist Yanis Varoufakis has recently revived. The idea is to create an international unit of currency exchange. Once accepted, this could be used to penalize activities that violate international law.

These institutions would then be able to create policies that could solve many of the aforementioned issues facing the world. For instance, these policies could mandate basic labor and environmental standards, establish a global carbon tax, create powerful incentives for nations to reduce their trade imbalances and so on.

With a new level of democracy at the global level, humanity would be able to enter another era. An era where conflict can finally be quelled, where the governments of the world are no longer devising how they can best dominate, exploit and destroy other nations.

Instead, governments could refocus their full energies on solving the genuine problems humans face, and where people of all nations would be able to communicate, travel and trade more freely than ever before. For this, global federalism is necessary.

Micah Erfan is an economics freshman who can be reached at[emailprotected]

Tags: Climate Change, federalism, government

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Global federalism is necessary to solve world problems - The Cougar - The Daily Cougar

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Opinion: In Quebec, the only thing deader than sovereignty is federalism – The Globe and Mail

Posted: at 6:04 pm

Quebec Premier Franois Legault responds during question period on Feb. 22 at the legislature in Quebec City.Jacques Boissinot/The Canadian Press

It is never a wise idea to read too much into the results of a single by-election, no matter how neatly they fit into your preferred narrative of the political lay of the land.

That is why Quebec Premier Franois Legault should avoid crowing too loudly about his Coalition Avenir Qubecs victory on Monday in a Montreal-area riding that the Parti Qubcois had held almost uninterruptedly for four decades.

In the end, the PQ held its ground in Marie-Victorin, winning an almost identical share of the popular vote as it did in the 2018 election. The CAQ increased its share by six percentage points, obtaining 35 per cent to the PQs 30 per cent.

Considering the extraordinary resources the CAQ poured into winning the riding sending most of Mr. Legaults top cabinet ministers to campaign door to door with CAQ candidate Shirley Dorismond, an ex-vice-president of the Quebec nurses union the partys victory in a low-turnout by-election was underwhelming.

After all, it followed a provincial budget that included sending $500 cheques to almost every Quebecker, a goody that did not go unnoticed in Marie-Victorin, where household income hovers below the provincial average and most residents are renters.

Nor could Marie-Victorin voters have been indifferent to Mr. Legaults mid-campaign declaration that they would have more influence in the National Assembly if they chose a candidate to sit on the government benches.

When you have a CAQ MNA who comes from the government, it is a lot easier to transfer local files to ministerial colleagues, Mr. Legault said in a March 17 radio interview. Maurice Duplessis, the pre-Quiet Revolution Union Nationale premier, could not have said it better.

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Still, Mr. Legault seemed to take special pleasure in defeating his former party in a riding where the Yes side won more than 60 per cent of the vote in the 1995 sovereignty referendum. Across Quebec, Mr. Legaults 10-year-old CAQ has stolen PQ voters with a Duplessis-style nationalist platform that treats the Canadian Constitution as a minor detail. He effectively runs the province as an independent country, without having to give up federal transfer payments or the loonie.

For voters, it comes down to this: Why vote for an openly separatist party, and all the potential chaos that could entail, when the CAQ already provides the next best thing to independence with none of the inconveniences that sovereignty implies?

Mr. Legaults strategy is working, for now. The CAQ is strongly favoured to win a second term in October. None of the four opposition parties represented in the National Assembly is polling above 20 percentage points on a provincewide basis. Among francophone voters, the CAQ had a 32-percentage-point lead over its closest rivals in a March Leger Marketing poll.

The CAQs main opposition in the fall election could turn out to be the Quebec Conservative Party, which has surged past the PQ and Quebec Liberal Party among francophone voters in recent polls. The QCP, led by former radio host ric Duhaime, has tapped into populist anger over pandemic restrictions and the CAQs heavy-handed governing style.

Its candidate in Marie-Victorin, actor Anne Casabonne, compared COVID-19 vaccines to a pile of excrement. She managed to win more than 10 per cent of the vote in a riding that typically leans centre-left. In the right-leaning Quebec City region, the fall election is shaping up as a two-way CAQ-QCP race.

The biggest loser in the by-election was by far the provincial Liberal Party, which has held power for most of Quebecs history since Confederation but which captured less than 7 per cent of the vote in Marie-Victorin on Monday.

Leader Dominique Anglade has repositioned the QLP as a progressive alternative to the far-left Qubec Solidaire, scrapping the partys traditional centre-right focus on the economy. She has alienated the QLPs anglophone base by waffling on Bill 96, the CAQ legislation aimed at strengthening protections for the French. Anglophone leaders denounced an amendment to the bill introduced by the QLP that would require students in English junior colleges to take three regular courses in French. Talk is rife about the creation of a new anglophone-rights party that would challenge the QLP for the English vote in October.

The days when the QLP under premiers Robert Bourassa, Jean Charest and Philippe Couillard stood out as an unapologetically federalist defender of all things Canadian are good and well over. No one is quite sure what it stands for now.

The result is that no party in the National Assembly stands up for Canada. That is bound to matter, sooner or later.

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Opinion: In Quebec, the only thing deader than sovereignty is federalism - The Globe and Mail

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