The legal nature of conflicts of jurisdiction in federal states

Abstract

Federalism is a constitutional mechanism for distributing power among the various levels of government, whereby political units enjoy true, constitutionally guaranteed autonomy in various areas and share power in accordance with the constitutional rules establishing the federal state. The constitutional distribution of powers between the federal government and state governments constitutes the essence of federalism. Since the constitutional texts regulating the distribution of powers are flexible in nature, aiming to adapt them to modern developments in the federal state, the possibility of a conflict of jurisdiction arising between the federal government and the states is very likely. This necessitates the existence of a constitutional mechanism to resolve conflicts of jurisdiction.

The dispute over jurisdiction in federal systems aims to analyze the causes and forms of conflicts resulting from the distribution of powers between the central government and regional governments and to study the mechanisms for resolving them in comparative federal systems. The most important reason for conflicts of jurisdiction in federal systems is the lack of clarity in the distribution of powers between levels of government, which leads to duplication or conflict in the exercise of powers.

This research revolves around this idea, which addresses the legal nature of conflicts of jurisdiction.