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Constitutional Arrangements of Federal Systems
Authors:Saunders   Cheryl
Abstract:Constitutions alone do not make or break federations. In anyevent, they are not static, and evolve over time through judicialreview and political understandings, even in the absence ofconstitutional change. Nevertheless, institutions, principles,and procedures for which constitutions provide are significantinfluences on federations. This article examines some key featuresof federal constitutional arrangements in different federalsystems: the status of the constituent instrument; the divisionof powers between the orders of government; the scope of economicunion; regional disparity; and the relationship of federalismto the rest of the system of government. Today, there is a wideand widening variety of federal structures in systems aroundthe world. Borrowing is tempting, but should be done with care;federalist elements are closely linked with other aspects ofa system of government and with the historical, political, andeconomic setting in which it has been developed.
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