Political Science 6LS
Political Science 20 Mr. Zimny
topic six – rules of the game:
designing and using constitutions
Shively, Chapter 9 – Constitutions and the Design of Government
Overview:
This chapter introduces the constitutional design of a political system. It notes that although constitutions vary in the degree to which they are laid out formally, all have important informal as well as formal parts. The chapter then suggests elements that enable constitutions to be functional and enduring. Federalism and geographic centralization are introduced as issues. Federal and unitary systems are differentiated. The chapter concludes with a discussion of "constitutionalism" and a detailed examination of the British and Russian constitutions.
Outline:
I. Variations in formality
A. Written vs. non-written
B. New vs. old
II. The virtues of vagueness
A. Rules stated specifically makes it difficult to adapt to changing circumstances
B. Examples of problems due to “misplaced specificity”
III. Other principles of constitutional design
A. Importance of long-standing traditions
B. Importance of amendability
C. Importance of incentive compatibility
IV. Constitution writing
A. The “messy business” of writing constitutions
B. Past examples: U.S., Canada, Lebanon
C. Current example: new constitution for the state of Iraq
V. The geographic concentration of power: centralization
VI. “Federal” and “unitary” states
VII. The distinction between “unitary” and “centralized” states
VIII. How much centralization is good?
A. Appropriate level of centralization depends on the state, circumstances
B. Most complex industrialized states most comfortable with considerable but limited degree of centralization
C. Constitutionalism and the law
IX. Guarantee of rights
A. Contrast between strong and weak constitutionalism
X. Examples:
A. Constitutional government in Great Britain
B. Constitutional government in Russia
Keywords:
1) constitution
incentive compatibility
unitary state
federal state
constitutionalism
rule of law
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