Comparative Constitutional Design by Tom Ginsburg

By Tom Ginsburg

This quantity brings jointly essays by means of the various major students of comparative constitutional layout from myriad disciplinary views, together with legislations, philosophy, political technology, and economics. The authors jointly verify what we all know - and do not recognize - in regards to the layout technique in addition to specific institutional offerings pertaining to govt strength, constitutional modification approaches, and plenty of different concerns. Bringing jointly optimistic and normative research, the quantity presents the cutting-edge in a box of becoming theoretical and useful significance

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Our particular focus is on the links between process and outcomes. We begin with a historical review of the literature and a description of different modes of constitutional design processes, including both the typical actors involved and the activities in which they are engaged. We then explore some of the micro-foundational assumptions that undergird theory regarding the consequences of different processes; in particular, we address the motivations of participating actors. The bulk of the essay is devoted to identifying hypotheses (or, more accurately, thoughtful conjecture) that appear in the literature on the relationship between these processes and various outcomes of interest.

1888), Histoire des Etats-Généraux, Paris: Hachette. Pierre, E. (1893), Traité de droit politique, électoral et parlementaire, Paris : LibrairiesImprimeries Réunies. Rawls, John (1971), A Theory of Justice, Cambridge, MA: Harvard University Press. Riker, W. and Brahms, S. (1973), “The paradox of vote trading,” American Political Science Review 62, 1235–47. Rudenfeld, Jed (2001), Freedom and Time, New Haven: Yale University Press. Stratmann. T. (1997), “Logrolling,” in D. ), Perspectives on Public Choice, Cambridge: Cambridge University Press.

Page (2007) shows that under certain conditions, “diversity trumps ability” with regard to problem solving. As far as I understand, it is impossible to verify whether these conditions are satisfied for actual assemblies. Yet it makes good intuitive sense to think that if members of an assembly represent a cross-section of the population, they might outperform a less representative group of more competent individuals both with respect to identifying the most important problems (where the shoe pinches) and with respect to solving them (how to make good shoes).

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