Conceptualizing and Theorizing Constitutional Change in Federal Systems: Insights from Historical Institutionalism

The connection between past and present politics manifests itself most obviously in the constitution. Diverging trajectories of constitutional evolution usually depart from a ‘constitutional moment’ and, therefore, are causally tied to formative events that take place early in a historical sequence. And yet, while the historical nature of the constitution is often acknowledged, studies rigorously applying a historical-institutionalist framework to the study of constitutional change in federal systems have been few and far between. This article probes the value of historical institutionalism for investigating and explaining both the origins and patterns of constitutional change in federal systems. It taps into three strands within the historical-institutionalist literature and asks what each can contribute to the analysis of constitutional change in federal systems.