Federal Constitutions: Stability, Rights, Economy & Courts

Federal Constitutions: Stability, Rights, Economy & Courts

Effects of Federal Constitutions

1. Social Stability and Federalism

Federalism can impact stability in divided societies.

Pros (PS):

• May support stability: federalism gives different groups (ethnic or regional) some power and a stake in the system.
• May serve as a kind of safety valve that releases pressure by accommodating diverse demands at the subnational level.

Cons (DS):

• May compromise stability: federalism can empower separatist or secessionist groups.
• Note: Independence movements are not all bad, but this may result in conflict, whether groups are right or wrong.

2. Protecting Democratic Rights

Federalism shapes democratic rights in important ways.

Pros (PS):

• Allows different regions of a country to have different laws and policies that align with local preferences.
• Fits with the idea of expanding democracy by giving local majorities more control; for example, some states can have higher taxes and more public services, while others have lower taxes and fewer services.

Cons (DS):

• Should basic rights be subject to different interpretations within one country?
• Rights should hold for all persons in a country; variation across states can produce unequal protection under the law.
• Example: abortion rights in the United States — if states have different policies, the result may be that "pro-life" and "pro-choice" states set different rights for the unborn and for women, producing unequal protection under law across the country.

3. Economic Effects of Federalism

Federalism can affect economic performance.

Pros (PS):

• Promotes healthy competition between states or provinces: subnational governments must appeal to firms, businesses, and citizens.
• Economic actors can "vote with their feet," leaving inefficient places for more efficient ones, which can lead to greater efficiency — better services, lower taxes, or both. The same logic can apply to cities and localities.

Cons (DS):

• Can hurt economic stability: if states have political power they may overspend and expect bailouts, passing costs to the central government.
• This can compromise the national economy; for example, federal bailouts have been a concern in countries such as Brazil.

4. Judicial Review and Democracy

Judicial review is controversial: is judicial review anti-democratic?

Judges interpret the law, so they affect it. For critics, this is "legislating from the bench" and is sometimes called judicial activism; it can remove major issues from public debate.

Pros (PS):

• Judges at times defend basic rights that are not secured by legislation.

Cons (DS):

• Judges at times may infer rights that some argue should be determined through the democratic electoral process.
• Debate example: does judicial review improperly decide issues such as whether to include same-sex marriage in the definition of marriage, rather than leaving the decision to democratic debate and elections?