There are two sorts of students of politics: those who believe that constitutions have important consequences for a country's political history, and those who think they do not. I am one of those who believe that constitutions can matter, although they do not necessarily do so. After convincing you of this, I shall draw out some of the implications for constitutional design, and for the design of the process by which the constitution gets written.

It is uncontroversial that constitutions need not matter. Brazil has had more than eighty constitutions and most Brazilians probably would not be able to identify any one of them that had a significant effect on the country. The constitution of the former USSR had some admirable sounding sections but did not produce an admirable political system. If a constitution is ignored, it cannot have an impact.

But not all constitutions have been ignored. I begin by describing three cases where constitutions did matter. Two had good consequences, one not so good.

Three Cases Where Constitutions Mattered

A Ancient Athens

Democracy was invented during the sixth century B.C. in Attica through a series of reforms begun by Solon and largely completed by Cleisthenes. Prior to and during much of this century Attica was ruled by individuals (tyrants) and groups (oligarchies) drawn from the aristocracy.