Constitutional Change in Federations—A Framework for Analysis

Abstract

This article outlines a conceptual framework for analysing constitutional change in federal systems. It begins by explaining the dilemmas, tensions and dynamics inherent in federations that cause the need for adaptation and formal reform of constitutions. After reviewing some approaches and concepts from the literature, the article introduces a conceptual framework for understanding constitutional federal change. It tackles its complexity by determining its modes, mechanisms and outcomes. First, it proposes an analytical distinction among four types of constitutional federal change—reform, innovation, evolution and adjustment—and presents a distinction among four mechanisms of change, distinguishing change produced through constitutional policy making, ‘implicit’ change of intergovernmental rules and patterns of governance practices, intergovernmental competition and/or ‘paradigmatic’ shifts in constitutional ideas and values, or change in court decisions and legal interpretation and discourses. It also deals with several typical outcomes of federal change. Finally, some implications for further research are examined.

Keywords:

• Constitutional change
• comparative federalism
• federal dynamics
• reform, institutional change

Acknowledgements

This special issue profited from discussions in a workshop we held in the 2008 ECPR Joint Sessions in Rennes about the ‘The Politics of Constitutional Change’. We thank all participants for the insights they provided for our own thinking on the subject. Moreover, we are grateful for the helpful comments of the reviewer.

Notes

For Canada, see Banting and Simeon (1983), Russell (2004) and Hueglin (2008); for Germany, see Große-Hüttmann (2006), Hrbek (2006), Benz (2008b), Burkhart (2009), Scharpf (2009) and Sturm (2010); for Switzerland, see Freiburghaus (2005), Vatter et al (2006) and Braun (2009); for Austria, see Bußjäger and Hrbek (2005), Gerlich (2005), Konrath (2005) and Pollak and Slominski (2005); for Spain, see Orte and Wilson (2007), Colino (2009), Keating and Wilson (2009) and Tudela and Kölling (2009); for Australia, see Brown and Bellamy (2007), Galligan (2008); for the UK, see Münter (2005), Bradbury (2008), Trench (2008), Jeffery (2009) and Mitchell (2009).

For a summary, see Lemco (1991).

See, in particular, Lorenz's contribution to this special issue.