The conventional justification for public provision is market failure. This paper argues instead that the rationale for public provision of goods is the existence of utility interdependencies across demanders: individuals choose what goods are public at the constitutional level based on degrees of utility interdependence in consumption. The paper first develops an analytical argument for shifting from non-excludability and joint consumption to utility interdependence in the analysis of public goods. It then presents a model of the constitutional calculus concerning modes of goods provision, and applies the model to simple choice scenarios. Broad policy implications of the model are drawn. In particular, a constitutional theory of public goods asserts the need for careful institutional design and definition of public powers more strongly than the market failure view.
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