Constitutions in OECD Countries: A Comparative Study
Background Report in the Context of Chile’s Constitutional Process
Chile has embarked on an ambitious path towards a new constitution. For all countries, drafting a new constitution or amending an existing one is a stimulating challenge, but also a demanding process from both a political and technical standpoint. This report presents the results of a benchmarking exercise conducted by the OECD of possible constitutional provisions, reflecting the experiences of OECD member countries. The components covered include economic and social rights, the system of government, multi-level governance, constitutional review, fiscal governance and the role and functioning of central banks.
Also available in: Spanish
Multi-level governance and territorial organisation
This chapter considers a comparative assessment of constitutional provisions for the relative responsibilities of central and subnational government and how they interact, or “multi-level governance”, in selected OECD countries. It aims to identify how countries have included arrangements for multi-level governance and territorial organisation in their constitutions, and highlights that they vary greatly across constitutions. First, the chapter introduces the different categories of multi-level governance in the selected countries. Second, it presents a cross-country comparison of six foundational themes and related sub-themes through which multi-level governance arrangements and territorial organisation can be determined constitutionally. These themes are territorial organisation, structure of sub-national government, division of powers and responsibilities, finance mechanisms, impact on central state decision-making, and co-ordination mechanisms. In doing so, it provides specific examples of how benchmarked countries have included provisions regarding these themes and subthemes in their constitutions.
Also available in: Spanish
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