Publication
Assessing the impact of federalism on constitutional compliance
In this article, Kantorowicz & Voigt examine whether federal systems, with their multiple levels of government, lead to higher constitutional compliance or if they create tensions that hinder enforcement due to competing levels of authority.
- Author
- Jaroslaw Kantorowicz & Stefan Voigt
- Date
- 09 December 2024
- Links
- Read the full article here
The study finds that the correlation between federalism and constitutional compliance is weaker than expected. While federal systems allow regional autonomy, they can lead to conflicts between national and regional governments, potentially undermining constitutional cohesion. The authors conclude that federalism does not inherently guarantee higher levels of constitutional compliance. In fact, their findings suggest no significant advantage of federal systems over unitary states in this regard.
Kantorowicz and Voigt argue that other factors, such as political culture, judicial independence, and institutional design, play a more critical role in ensuring constitutional adherence. The impact of federalism on constitutional compliance is complex, and structural government form alone is insufficient to ensure respect for constitutional norms. Effective constitutional compliance requires additional mechanisms beyond the federal structure itself.