Constitutions and constitutional design

What is a constitution?

Basic charter/structure of government; defines who has power and constrains it.

Three views of institutions?

1. Rules. 2. Norms (shared perceptions). 3. Equilibria (stable behavior patterns).

Formal vs. informal institutions?

Formal: Codified (e.g., written constitutions). Informal: Unwritten norms/practices.

Four key differences between constitutions?

1. Formality (codified/uncodified). 2. Length/specificity. 3. Contents (e.g., rights?). 4. Amendment rules.

Ireland's constitution features?

1937, drafted by small group, referendum-adopted; amendments need Oireachtas + referendum.

UK's constitution type?

Uncodified: statutes, court precedent, practice; easy to change via parliamentary majority.

US constitution key facts?

1789, Constitutional Convention; hard to amend (only 27 successful).

Why did Chile's constitutional process fail (2020-2023)?

Initial 78% support → Boric elected → 62% reject left draft → right-wing council → 56% reject 2nd draft; status quo wins.​

Unitary vs. federal state?

Unitary: Central gov controls all, delegates/reclaims power. Federal: Constitution gives locals monopoly on some policies.

Two types of federalism?

1. Coming together (independent states pool power: USA, Switzerland). 2. Holding together (unitary → federal: India, Belgium).

Germany federal structure?

16 states; Basic Law divides powers; state parliaments; Bundesrat (state reps).

Federalism vs. decentralization?

Federalism: Binary constitutional structure (top 2 levels). Decentralization: Degree, any lower levels.