The Calculus of Consent and real world constitution-making

Abstract

The modern analysis of constitutional choice, which began 50 years ago with the publication of The Calculus of Consent, is highly relevant in today’s world. In recent times, calls for crafting new constitutional arrangements have been heard in the wake of the Arab Spring and in formation of new countries like South Sudan. Constitutional reform is similarly on the agenda in countries like Thailand, India, Hungary, and Belgium. And recent ‘nation building’ efforts have also introduced new constitutions in countries like Iraq and Afghanistan. These efforts to craft new national constitutions can benefit enormously from the scholarship stimulated by The Calculus of Consent. This paper describes an initial attempt to apply some of the insights from the Calculus as well as the subsequent scholarship in public choice economics and constitutional political economy to the challenges of crafting the constitutional charters of Somaliland and Nepal. Admittedly, this is a limited set of experiences, but one that I hope can encourage others to take up the challenge of applying the insights of the Calculus to designing frameworks for self-governance in the real world. Following brief accounts of the recent conflicts and constitutional processes in both countries, the paper highlights major insights from the Calculus and related scholarship that has proved to be of particular relevance to contemporary constitutional drafters.