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Behind a Veil of Ignorance?

Part of the Studies in Public Choice Book Series (volume 32)

Editors: Imbeau, Louis M.; Jacob, Steve

DOI: 10.1007/978-3-319-14953-0

ISBN: 978-3-319-14952-3

Publisher: Springer International Publishing - Springer Journals

Feb 20, 2015

1 - 10 of 14 Chapters

Available

Introduction

Imbeau, Louis M.; Jacob, Steve

Pages: 1 –6

[This book addresses the issue of the impact of uncertainty in constitutional design. To what extent do constitution drafters and adopters make their decisions «behind a veil of ignorance»? More fundamentally, can we infer from constitutional texts the degree of uncertainty faced by constitution...
Available

Veilonomics: On the Use and Utility of Veils in Constitutional Political Economy

Voigt, Stefan

Pages: 9 –33

[Time and again, discussions on “just” or “fair” constitutional rules are structured around the veil of ignorance (Rawls) or uncertainty (Buchanan). But how useful has this tool really been for identifying a set of rules large groups could agree to unanimously? Are thicker veils really connected...
Available

Law in Books Versus Law in Action: A Review of the Socio-legal Literature

Allison, Christine Rothmayr

Pages: 35 –54

[The chapter shows that a large part of socio-legal scholarship is focusing on the mobilisation and interpretation of constitutional norms and not on constitution drafting per se. By emphasising the importance of law in action, this research reminds us of the fact that constitution making is not...
Available

Measuring the Opacity of the ‘Veil of Ignorance’ in Constitutions: Theory, Method, and Some Results

Imbeau, Louis M.; Jacob, Steve

Pages: 55 –82

[The Veil of Ignorance project (VOIP) looks at constitutions as discourses to infer the motivations of constitution drafters from the content of the very text they contributed to write (Imbeau 2009). In particular, the project aims at measuring the extent to which constitution drafters worked...
Available

Uncertainty and the General Interest in the American Constitution: Testing the “Veil of Ignorance” Hypothesis in Constitutional Choice

de Clercy, Cristine

Pages: 85 –101

[Uncertainty permeates politics, and it shapes outcomes in important ways. Despite this central role, it is often viewed by social scientists as an unsolvable mystery, or else relegated to the analytical margin by being treated simply as an “error term” in quantitative models (Cioffi-Revilla in...
Available

Constitution-making Process Under Uncertainty: The Case of Canada

Imbeau, Louis M.; Eboutou, Thomas C.

Pages: 103 –120

[In this chapter, we undertake to implement the Veil of Ignorance Project framework and procedure on the Canadian Constitution. However, for the whole exercise to further our knowledge of the making process of the Canadian Constitution, we need to bring together actual historical events as they...
Available

Uncertainty and Cleavages at Stakes: Do the Belgian Constitutions of 1831 and 1993 Stabilize Political Power?

Schiffino, Nathalie; Jacob, Steve

Pages: 121 –133

[In our modern States, Constitutions underlie political power and its institutional settings. Two different texts lay the foundation of the Constitutional history of Belgium: the Constitution of 1831 and that of 1993. Each arose during a period of historical change. In 1831, in the shadow of...
Available

Testing the “Veil of Ignorance” Hypothesis in Constitutional Choice: Evidence from the German Grundgesetz

Strauß, Agnes

Pages: 135 –153

[The German constitution gives only mixed evidence to support the three propositions formulated by the Veil of Ignorance Project. The content analysis of the Grundgesetz reveals a high share of authority-based power relations in the constitutional text and a majority of over 97% positive power...
Available

Different Veils for Different Governments: The Veil of Ignorance in Shaping the Italian Decentralization

Galli, Emma; Grembi, Veronica

Pages: 155 –168

[We apply the idea of decision-making behind a veil of ignorance in the constitutional phase developed by Buchanan and Tullock (1962) to the process of drafting the Italian Constitution in 1948, especially with respect to the territorial organization of the Italian State.]
Available

Constitutional Convulsions in Modern Greece

Tridimas, George

Pages: 169 –185

[Over the twentieth century, Greece shifted from monarchy to republic in a sequence that involved civil war, dictatorship, rigged referendums and several constitutional revisions. This experience is used to examine the changing profile of power relations of the post-WWII monarchical and...

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