Constitutional ambiguity and federal trust: codification of federalism in Canada, Spain and Belgium

The article deals with the benefits of constitutional ambiguity in multinational federations. A comparative analysis of Canada, Spain and Belgium suggests that when important differences between the constituent nations of a federal partnership exist, ambiguity can be a potential source of longevity for the federal arrangements. However, the benefits of constitutional ambiguity can only be reaped if it is underscored by a feeling of solidarity among the constituent nations, or if they trust in the mutual willingness to work to sustain the federation. In the absence of trust, constitutional ambiguity could stir latent tensions in multinational federations by blurring the rules of the game and thereby increasing the issues of contention. The outcome would then be a protracted and divisive process towards the codification of exclusive competences.

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