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Assessing the Impact of Federalism on Constitutional Compliance

Author

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  • Kantorowicz, Jaroslaw
  • Voigt, Stefan

Abstract

Federalism is a constitutionalized version of multi-tier governance. Proponents of veto-player theory argue that a high number of veto players leads to a high degree of policy stability. Compared to states with a unitary structure, federal countries, in which at least one sub-central level of government is constitutionally recognized and endowed with some degree of exclusive competences, dispose of a higher number of veto players, who can voice and challenge constitutional non-compliance by the central government. In this paper, we therefore ask whether federally constituted states also enjoy a higher degree of constitutional compliance, i.e. have governments that respect and enforce the promises made in their country's constitution. At the same time, with a higher number of governments under federalism, there are more chances that some of them will not comply with constitutional constraints leading to greater non-compliance. To test these hypotheses, we employ data from up to 162 countries and apply standard panel data estimation techniques. Contrary to expectations, our results indicate that federalism is neither positively nor negatively correlated with constitutional compliance of the respective countries.

Suggested Citation

  • Kantorowicz, Jaroslaw & Voigt, Stefan, 2024. "Assessing the Impact of Federalism on Constitutional Compliance," ILE Working Paper Series 79, University of Hamburg, Institute of Law and Economics.
  • Handle: RePEc:zbw:ilewps:79
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    More about this item

    Keywords

    constitutional compliance; de jure-de facto gap; federalism;
    All these keywords.

    JEL classification:

    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • P48 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies
    • Z10 - Other Special Topics - - Cultural Economics - - - General
    • Z18 - Other Special Topics - - Cultural Economics - - - Public Policy

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