A summary of federal system and its difference with federal system
When we talk about federal system and interpreting its history, we see that the federal system has a long history, which dates back to Greek era. A desire of ancient Greek communities for agreement, coexistences for behalf of public support and developments is natural affairs. That’s why Joshi says: “The federal system is an old idea, which dates back to the history of Greek, and this system has spread in the past two centuries, this means the federal system is a result of historical progress.”
But some of historians and jurists believe that the first federal system, more than (3,200) years ago has been occurred among Israel’s Tribes. Regards to establishing the federal system in Islamic era, D.Hussien Munis says “They established a federal state, which was the central constitution of it was the Holy Qur’an..” Historians also believe that in Kurdistan, the entire small feudal emirate established before and after the Chalderan war were in the shape of federal. This view may have been based on the fact that the Kurdish emirate was in a small state. Moreover, due to polarization policy had appeared after the Chaldean war, the Kurdish were politically dispersed over the Ottomans and Safawi and did not allow the Kurds to become an independent state.
That’s why a great Kurdish historian (Alaadin Sajadi) talks about the history of the Kurdish feudalism in detail and says: in the sixteenth century, as a result of the war between the Persians and Ottomans in Chalderan in 1514, the Kurds involved among both sides. Therefore a person named Hakimi Badelisi – Mala Idrisi badelisi was able to make the twenty-three Kurdish emirates that existed from Diyarbakir to Musel into one federal image and joined to Othman Empire.
The historical events are shown that the federal state existed in the past, but the federalism we talk about returned to the Congress of Philadelphia in 1787, which was established in the United States of America. After the American revolution of the independent new states in 1781, they formed confederalism, but its shortages and lacks led to change and then the signing of the Philadelphia Treaty. Moreover, they formed a council, called (Building Council) which has already established the constitution, (David Bund Heimer) says: One of the problems facing the constitutional congress was how to set a limit on the authority of the central government, at the same time It should give to them an necessary authority to protect the national interest, therefore division of power on two levels of government, national government and government of the states were proposed. This led to an idea of the first federal constitution to be take place and all the legal properties of the federal system were revealed. After the success of the federal system in the United States, most of the countries of the world profited from this type of federalism, to a great extent we can say that they have imitated the Experience of the United States.
