Social order through constitutional choice: A contractarian proposal

The present paper consists of two closely related parts: one which outlines a normative criterion for evaluating the legitimacy of constitutional change and one which specifies a particular proposal of a constitution. The criterion used stems directly from the "pragmatic" brand of contractarianism developed by Buchanan, where an approximate rule of unanimity is utilized. The proposal aims at the highest possible freedom of choice for individuals when it comes to defining the political system of their liking: a core (dealing with public goods and rights) is common for all, but everything else can vary between different sub-constitutions between which individuals choose.     

Constitutionalism,Division of Power and Transaction Costs

According to many democracytheorists, there is an unavoidabletrade-off between constitutionalism and theneed for political action. This papercriticizes that belief. Rather, it arguesthat a division of power, while sometimesentailing high political transaction costs,can nevertheless be beneficial andthat it is not necessarily the case that adivision of power does entail hightransaction costs. The analysis expands theframework of Buchanan and Tullock (1962).Constitutionalism is thus defended againstone of its main perceived deficiencies: itsbringing about gridlock. This does notalways happen, and when it does, it isoften a good thing.