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Constitutional stability

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  • Peter Ordeshook

Abstract

Political scientists in the pluralist tradition disagree sharply with public and social choice theorists about the importance of institutions and with William Riker in particular, who argues inLiberalism against Populism that the liberal institutions of indirect democracy ought to be preferred to those of populism. This essay reconsiders this dispute in light of two ideas unavailable to Riker at the time. The first, offered by Russell Hardin, is that if we conceptualize constitutions as coordinating devices rather than as social contracts, then we can develop a more satisfying view of the way in which constitutions become self-enforcing. The second idea derives from the various applications of concepts such as the uncovered set. Briefly, although institutions such as the direct election of president are subject to the usual instabilities that concern social choice theorists, those instabilities do not imply that “anything can happen” —instead, final outcomes will be constrained, where the severity of those constraints depends on institutional details. We maintain that these ideas strengthen Riker's argument about the importance of such constitutional devices as the separation of powers, bicameralism, the executive veto, and scheduled elections, as well as the view that federalism is an important component of the institutions that stabilize the American political system. We conclude with the proposition that the American Civil War should not be regarded as a constitutional failure, but rather as a success. Copyright George Mason University 1992

Suggested Citation

  • Peter Ordeshook, 1992. "Constitutional stability," Constitutional Political Economy, Springer, vol. 3(2), pages 137-175, March.
  • Handle: RePEc:kap:copoec:v:3:y:1992:i:2:p:137-175
    DOI: 10.1007/BF02393118
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    References listed on IDEAS

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    1. Ordeshook,Peter C., 1986. "Game Theory and Political Theory," Cambridge Books, Cambridge University Press, number 9780521315937, January.
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    6. Ordeshook, Peter C., 1980. "Political Disequilibrium and Scientific Inquiry: A Comment on William Riker's “Implications from the Disequilibrium of Majority Rule for the Study of Institutionsâ€," American Political Science Review, Cambridge University Press, vol. 74(2), pages 447-450, June.
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    Cited by:

    1. Andrea Sáenz de Viteri Vázquez & Christian Bjørnskov, 2020. "Constitutional power concentration and corruption: evidence from Latin America and the Caribbean," Constitutional Political Economy, Springer, vol. 31(4), pages 509-536, December.
    2. Stefan Voigt, 1996. "Pure eclecticism—The tool kit of the constitutional economist," Constitutional Political Economy, Springer, vol. 7(3), pages 177-196, September.
    3. Katarzyna Metelska-Szaniawska & Jacek Lewkowicz, 2021. "Post-socialist “illiberal democracies”: do de jure constitutional rights matter?," Constitutional Political Economy, Springer, vol. 32(2), pages 233-265, June.
    4. Jamie Bologna Pavlik & Andrew T. Young, 2023. "Historical Representative Assembly Experiences and Constitutionalism Today," Comparative Economic Studies, Palgrave Macmillan;Association for Comparative Economic Studies, vol. 65(4), pages 665-680, December.
    5. Pierre Salmon, 1999. "Ordinary elections and constitutional arrangements [Elections ordinaires et aménagements constitutionnels]," Working Papers hal-01526528, HAL.
    6. Paniagua, Victoria & Vogler, Jan P., 2022. "Economic elites and the constitutional design of sharing political power," LSE Research Online Documents on Economics 110926, London School of Economics and Political Science, LSE Library.
    7. Georg Vanberg, 1998. "Reply to Stone Sweet," Journal of Theoretical Politics, , vol. 10(3), pages 339-346, July.
    8. Knoll Bodo & Koenig Andreas, 2011. "Leviathan Europa – Stärkung der Nationalstaaten und der EU durch konstitutionelle Schranken?," Zeitschrift für Wirtschaftspolitik, De Gruyter, vol. 60(2), pages 127-145, August.
    9. Andreas Pinkwart & Gideon Schingen & Anna-Tina Pannes & Dirk Schlotböller, 2022. "Improving Resilience in Times of Multiple Crisis," Schmalenbach Journal of Business Research, Springer, vol. 74(4), pages 763-786, December.
    10. Kyriacou, Andreas, 2000. "A ‘Just and Lasting Solution’ to the Cyprus Problem: In Search of Institutional Viability," MPRA Paper 116308, University Library of Munich, Germany.
    11. Pavlik, Jamie Bologna & Jahan, Israt & Young, Andrew T., 2023. "Do longer constitutions corrupt?," European Journal of Political Economy, Elsevier, vol. 77(C).
    12. Zachary Elkins, 2021. "Term-limit evasions and the non-compliance cycle," Constitutional Political Economy, Springer, vol. 32(3), pages 326-345, September.
    13. Voigt, Stefan, 2011. "Empirical constitutional economics: Onward and upward?," Journal of Economic Behavior & Organization, Elsevier, vol. 80(2), pages 319-330.
    14. Leeson, Peter T. & Suarez, Paola A., 2016. "An economic analysis of Magna Carta," International Review of Law and Economics, Elsevier, vol. 47(S), pages 40-46.
    15. Alexander Salter, 2015. "Sovereignty as exchange of political property rights," Public Choice, Springer, vol. 165(1), pages 79-96, October.
    16. Barry R. Weingast, 2005. "The Constitutional Dilemma of Economic Liberty," Journal of Economic Perspectives, American Economic Association, vol. 19(3), pages 89-108, Summer.
    17. Alexander William Salter, 2014. "Debt Erosion and the Market Process," Economic Affairs, Wiley Blackwell, vol. 34(3), pages 370-378, October.
    18. Young, Andrew T., 2022. "Consent or coordination? assemblies in early medieval Europe," International Review of Law and Economics, Elsevier, vol. 72(C).
    19. Andrew T. Young, 2021. "The political economy of feudalism in medieval Europe," Constitutional Political Economy, Springer, vol. 32(1), pages 127-143, March.
    20. Victoria Paniagua & Jan P. Vogler, 2022. "Economic elites and the constitutional design of sharing political power," Constitutional Political Economy, Springer, vol. 33(1), pages 25-52, March.
    21. Justin Callais & Andrew T. Young, 2021. "Does constitutional entrenchment matter for economic freedom?," Contemporary Economic Policy, Western Economic Association International, vol. 39(4), pages 808-830, October.

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