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Is the “Veil of Ignorance” in Constitutional Choice a Myth? An Empirical Exploration Informed by a Theory of Power

In: Constitutional Mythologies

Author

Listed:
  • Louis M. Imbeau

    (Laval University)

  • Steve Jacob

    (Laval University)

Abstract

A Constitution is a social contract defining a set of rules by which the governed agree to be governed. As such a Constitution ascribes power resources to governors while restraining the way they are expected to use them. But a Constitution is also a discourse on the prevailing conceptions of power relations in the society where it originated. More specifically, it tells a story about the types of power that need to be ascribed or restrained and those that need not. Looking at a Constitution from both viewpoints opens a new window for uncovering the motivations that drove its drafters in the Constitution-making process in which they were involved. In particular, it helps reveal the impact of uncertainty on Constitutional choices.

Suggested Citation

  • Louis M. Imbeau & Steve Jacob, 2011. "Is the “Veil of Ignorance” in Constitutional Choice a Myth? An Empirical Exploration Informed by a Theory of Power," Studies in Public Choice, in: Alain Marciano (ed.), Constitutional Mythologies, chapter 0, pages 53-69, Springer.
    • Handle: RePEc:spr:stpchp:978-1-4419-6784-8_5
    DOI: 10.1007/978-1-4419-6784-8_5
    as

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