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Social Order through Constitutional Choice: A Contractarian Proposal

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  • Berggren, Niclas

Abstract

The present paper consists of two closely related parts: one which outlines a normative criterion for evaluating the legitimacy of constitutional change and one which specifies a particular proposal of a constitution. The criterion used stems directly from the 'pragmatic' brand of contractarianism developed by Buchanan, where an approximate rule of unanimity is utilized. The proposal aims at the highest possible freedom of choice for individuals when it comes to defining the political system of their liking: a core (dealing with public goods and rights) is common for all but everything else can vary between different subconstitutions between which individuals choose. Copyright 1996 by Kluwer Academic Publishers

Suggested Citation

  • Berggren, Niclas, 1996. "Social Order through Constitutional Choice: A Contractarian Proposal," Public Choice, Springer, vol. 89(3-4), pages 339-361, December.
    • Handle: RePEc:kap:pubcho:v:89:y:1996:i:3-4:p:339-61
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    Cited by:

    1. Fabella, R.V., 2005. "A Nozick-Buchanan contractarian governance as solution to some Invisible Hand failures," The Quarterly Review of Economics and Finance, Elsevier, vol. 45(2-3), pages 284-295, May.
    2. João Faria, 1999. "Is There an Optimal Constitution?," Constitutional Political Economy, Springer, vol. 10(2), pages 177-184, June.
    3. Anders Bornefalk, 2001. "Constitutional Constraints and Redistributive Activities," Constitutional Political Economy, Springer, vol. 12(4), pages 291-311, December.
    4. Niclas Berggren, 1999. "A Preference-Utilitarian Foundation for the Generality Principle," Constitutional Political Economy, Springer, vol. 10(4), pages 339-353, November.
    5. Niclas Berggren, 2012. "The Calculus of Consent: some Swedish connections," Public Choice, Springer, vol. 152(3), pages 313-321, September.

    More about this item

    JEL classification:

    • D63 - Microeconomics - - Welfare Economics - - - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
    • D70 - Microeconomics - - Analysis of Collective Decision-Making - - - General
    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • H70 - Public Economics - - State and Local Government; Intergovernmental Relations - - - General

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