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Power & Choice, 8/e
W. Phillips Shively, University of Minnesota---Minneapolis

Constitutions and the Design of Government

Chapter Overview

This chapter introduces the idea of the constitution (with a small "c"), a set of rules by which power is distributed within a political group. It notes that although constitutions vary in the degree to which they are laid out formally (i.e. in central written documents), all have important informal as well as formal parts. The chapter then lays out rules for the design of formal Constitutions (they should be vague so that they can be adapted to changing circumstances; should not break too sharply with traditions; should be reasonably easy to amend; and should provide incentive compatibility). The question of federalism and geographic centralization is introduced as a problem of constitutional design and the chapter makes the point that the formal distinction between federal and unitary states (a distinction that is usually made at the time the state is founded) is generally softened over time. The chapter concludes with a discussion of "constitutionalism" and a detailed examination of the British and Russian constitutions.