Constitutional guarantees and the distribution of power and wealth

Jürgen Backhaus

Public Choice, 1978, vol. 33, issue 3, 45-63

Abstract: The process of the interpretation of the constitution has been shown to be politically neutral in the sense that there is no inherent political bias with respect to differing political viewpoints. The process, on the other hand, stabilizes whatever diverse impulses it receives. There is no evidence of a (second) supposition of reconciliation of political viewpoints (according to the supposition of reconciliation of legal interpretations) underlying the process, so unbalanced impulses (issued from whatever political direction) will be worked out. The imbalance will be stabilized as a new balance; imbalances are stabilized as such, not attenuated nor counterbalanced by the process itself. Any counterbalance must come as the consequence of a new external impulse. SIC is nevertheless no barrier to political and social change. There will be difficulties arising out of SIC concerning short-run policies extreme enough to induce constitutional controversy. SIC can, however, be employed as a device for the long-run implementation of far-reaching structural change. SIC is a delicate political instrument; it will only be useful as an operational device for the implementation of the policy as a specific political party or interest group if there is no opposing influence exerted on SIC by another party or group. Parties or groups unable to secure enough votes in the political process should try to gain access to SIC in order to pursue their political ends efficienctly. For those parties or groups insufficiently important to attract much public attention (and opposed strategies of extensive litigation), SIC is a useful device. Under a shield of public ignorance, For a related analysis, see Bartlett (1973). these groups can gain power and access to political decisions, thus exerting an influence much in excess of their importance and weight in a democratic process of public decision-making. Copyright Martinus Nijhoff Publishers b.v 1978

Date: 1978
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DOI: 10.1007/BF00154683

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