| Abstract: | This article compares the provisions of the American and Swissconstitutions from a public-choice perspective. Accordingly,the Swiss Constitution is seen as one designed to bring abouta transmission of citizens' desires into political action, whereasthe U.S. Constitution is designed to prevent the misuse of grantedpower. The specific level of analysis employed here is the principal-agentmodel, which is used to examine collective decisionmaking atthe constitutional, legislative, and para-constitutional levels.The article then considers the role of the courts as arbiterof constitutional questions and conflicts. |
