By Louis M. Imbeau, Steve Jacob
This quantity is a really attention-grabbing learn venture that comes with the main cautious paintings on constitutional energy and boundaries to authority of which i'm conscious. more often than not, the members locate that constitutional negotiations often happened in settings the place uncertainty was once huge. in addition they locate that the extra particular the characterization of energy relationships, the extra liberal and sturdy the democracy has a tendency to be. Roger D. Congleton
This publication addresses the problem of the effect of uncertainty in constitutional layout. To what quantity do structure drafters and adopters make their judgements at the back of a veil of lack of expertise? extra essentially, will we infer from constitutional texts the measure of uncertainty confronted by way of structure drafters and adopters? After an creation (chapter 1), the booklet proceeds in elements. the 1st half (chapters 2 to four) introduces to the highbrow filiation of the undertaking and to its theoretical and methodological foundations. the second one half (chapters five to thirteen) offers 9 case reviews outfitted at the related constitution: historic account of the making of the structure, result of the content material research of the constitutional textual content, and dialogue of particular concerns raised within the research. bankruptcy 14 concludes.
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Additional info for Behind a Veil of Ignorance?: Power and Uncertainty in Constitutional Design
In: Elster J, Slagstad R (eds) Constitutionalism and democracy. Cambridge University Press, Cambridge, pp 195–240 Hume D (1777/1987) Essays—moral, political, and literary, and with a foreword, notes, and glossary. In: Miller EF (ed) Liberty Classics, Indianapolis Imbeau L (2009) Testing the ‘veil of ignorance’ hypothesis in constitutional choice: a ‘walk-talk’ approach. J Publ Financ Publ Choice 26(1):3–21 Imbeau LM, Jacob S (2011) Is the ‘veil of ignorance’ in constitutional choice a myth? An empirical exploration informed by a theory of power.
On the other hand, scholars are interested in studying how international human rights regimes influence constitution drafting on the national level. 1 Some rely more on political and economic power relations and other on preceptorial power relations to explain the genesis and impact of international human rights regimes. All three approaches are based on empirical analysis, ranging from case studies and small-N comparisons to large-N research designs—the latter being less developed. g. Whittington 2008).
10 Schildberg-Hörisch (2010) tackles with the same problem—how to distinguish simple risk aversion from genuine pro-equality preferences—but chooses to answer it via a different route. She draws on a dictator game with two additional features, namely (1) an efficiency loss for units transferred from the dictator to the receiver and (2) identity uncertainty: Participants decide how to divide the pie before they know whether they are the receiver or the dictator. She finds that social preferences differ depending on whether subjects decide from behind a veil or 10 Brennan et al.