The importance of uncertainty in a two-stage theory of constitutions

This paper analyzes the consequences of different assumptions regardingthe kind of uncertainty that exists at the constitutional stage of a two-stage political process. Individuals at the constitutional stagedecide the actions that are to be allowed, compelled or banned in thesubsequent stage. The analysis allows us to specify conditions under whichcertain bans and obligations might be included in a constitution, whileothers are decided by legislative action, to define the ``optimal votingrule'', and the conditions under which the majority rule is this optimalrule. The paper provides a unified framework for analyzing the choice ofinstitutions in a two-stage constitutional political system.