Abstract

Constitutions alone do not make or break federations. In any event, they are not static, and evolve over time through judicial review and political understandings, even in the absence of constitutional change. Nevertheless, institutions, principles, and procedures for which constitutions provide are significant influences on federations. This article examines some key features of federal constitutional arrangements in different federal systems: the status of the constituent instrument; the division of powers between the orders of government; the scope of economic union; regional disparity; and the relationship of federalism to the rest of the system of government. Today, there is a wide and widening variety of federal structures in systems around the world. Borrowing is tempting, but should be done with care; federalist elements are closely linked with other aspects of a system of government and with the historical, political, and economic setting in which it has been developed.

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