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Political union

Union of smaller states or governments

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Through Polity, Federation and Region

Incorporating union

In an incorporating union a new state is created, the former states being entirely dissolved into the new state (although some aspects may be preserved; see below).

Incorporating unions have been present throughout much of history, such as when:

Preservation of interests

Nevertheless, a full incorporating union may preserve the laws and institutions of the former states, as happened in the creation of the United Kingdom. This may be simply a matter of practice or to comply with a guarantee given in the terms of the union. These guarantees may be to ensure the success of a proposed union (or in the least to prevent continuing resistance), as occurred in the union of Brittany and France in 1532 (Union of Brittany and France) in which a guarantee was given for the continuance of laws and of the Estates of Brittany (a guarantee revoked in 1789 at the French Revolution). The assurance that institutions are preserved in a union of states can also occur as states realize that, whilst a power imbalance exists (such as between the economic conditions of Scotland and England prior to the Acts of Union 1707), it is not so great that it precludes the possibility for concessions to be made. The Treaty of Union for creating the unified Kingdom of Great Britain in 1707 contained a guarantee of the continuance of the civil laws and the existing courts in Scotland (a continuing guarantee), which was significant for both parties. The Scottish, despite economic troubles during the Seven Ill Years preceding the union, still retained power to negotiate.

This marks a delineation of states that are able to ensure preservation of interests: there has to be some mutually beneficial reasoning behind the formal or informal preservation of interests. In the Union creating the United Kingdom of Great Britain and Ireland in 1801, no such guarantee was given for the laws and courts of the Kingdom of Ireland, though they were continued as a matter of practice. The informal recognition of such interests represents the different circumstances of the two Unions, the small base of institutional power in Ireland at the time (those who were the beneficiaries of the Protestant Ascendancy) had faced a revolution in the Irish Rebellion of 1798, and as a result there was an institutional drive toward unification, limiting the Irish negotiating power. However, informal guarantees were given to preclude the possibility of further Irish unrest in the period following the French Revolution of 1789 and the 1798 rebellion. These types of informal arrangements are more susceptible to changes; for example, Tyrol was guaranteed that its Freischütz companies would not be posted to fight outside Tyrol without their consent, a guarantee later revoked by the Austrian state. However, this case can be contrasted with the continued existence of the Scottish Parliament and a separate body of Scottish law distinct from English law.

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