Update > Jurisdiction, Functions and Powers

Jurisdiction, Functions and Powers

2022-09-06

Q: What exclusive powers and functions can a federal government retain?

A: A federal government can retain exclusive powers and functions over the following areas, among others:

a) National security and external defense

b) Foreign relations

c) Currency/Monetary system

d) External trade/commerce

e) Citizenship

f) Civil rights/political rights/human rights

g) Immigration, emigration, extradition

h) National elections

i) Supreme Court Decision

j) Protection of intellectual property, property rights, and copyrights

Q: What may be the exclusive jurisdiction of a state government in a federal system?

A: State governments can have jurisdiction over the following areas, among the others:

a) State/local elections

b) Regional trial courts/Metropolitan trial courts

c) Licensure of public utilities

d) Administration and enforcement of State laws and programs

e) State socio-economic planning

f) State finance – taxation, customs, budget and audit

g) Grants-in-Aid to local governments

h) Police, public safety, law and order

i) State and local infrastructure

Q: What functions and powers may be the concurrent (shared) jurisdiction of the federal and the state governments?

A: Functions and powers in the following areas, among others, may be the concurrent jurisdiction of the federal state governments:

a) Health

b) Education

c) Social welfare

d) Cultural development

e) Sports development

f) Environmental protection

g) Energy

h) Tourism

i) Roads and Highways

Q: What is the mechanism for resolving conflicts and doubts on jurisdiction in a federal system?

A: A Constitutional Court or Tribunal may be established with the power to decide on how to resolve the conflicts between the federal and state/local governments. In Switzerland, referenda are often used to resolve inter-governmental conflicts or disputes.