Abstract

This article compares the provisions of the American and Swiss constitutions from a public-choice perspective. Accordingly, the Swiss Constitution is seen as one designed to bring about a transmission ofcitizens' desires into political action, whereas the U.S. Constitution is designed to prevent the misuse of granted power. The specific level of analysis employed here is the principal-agent model, which is used to examine collective decisionmaking at the constitutional, legislative, and para-constitutional levels. The article then considers the role of the courts as arbiter of constitutional questions and conflicts. Gordon Tullock has suggested a need for more comparative analyses of the U.S. and Swiss constitutions.

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