Constitutional political economy is a research program that directs inquiry to the working properties of rules and institutions within which individuals interact and to the processes through which these rules and institutions are chosen or come into being. This book makes the case for an approach to constitutional political economy that is grounded in consistent, hard-nosed public choice analysis. Effective institutional design is simply not feasible unless the designers build their structures to withstand rational choice pressures from the political market place. If mean, sensual man is here to stay, then let us, in our better moments, incorporate that knowledge into the institutions that must govern his behavior. A distinguished list of public choice scholars pursue this approach against a varying backcloth of constitutional issues relevant to the United States, Canada, Western Europe, the transition economies and the third world.

Bd. 3.

To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.

This volume explores shifting conceptions of constitutional political economy and suggests possible future strategies for change.

Stefan Voigt examines the emergence of constitutions and how and why they change. He proposes that they are based on spontaneously-developed institutions and presents predictions on the scope of change under various setting and factors.