Constitutional Design and Change in Federal Systems: Issues and Questions

Abstract

This article reviews the literature on constitutional design and change, especially in territorially divided societies that have adopted or are considering the adoption of federal or federalist regimes. The study of these processes, it argues, must integrate normative and empirical analysis and must be highly sensitive to historical, cultural, economic and geo-political contexts. There are few sustainable generalizations in the field, and few prescriptions for constitution-making processes or specific constitutional arrangements that are easily transferable. Questions addressed in the article include: What are the starting points or drivers for movements to constitutional change; what are the issues that arise in efforts to reform federal constitutions; who participates; in what arenas; with what decision rules; and with what results?