The Argument

Chapter 2 lays out the book’s main argument on the importance of power asymmetry. It draws from three strands in the literature. From the literature on democratization, this chapter borrows the notion of constitutions as pact-making. From bargaining theory is borrowed the notion of self-dealing: Incumbents will seek to advance the powers of the office that they hold. And from the literature on elite theories of regime formation, the chapter develops the argument that power asymmetries among elite actors are the fundamental drivers of balanced constitutions. This book also seeks to explain the origins of an important institution: constitutions. It takes seriously the insight from institutionalists that institutions emerge from actors’ de facto power and bargaining outcomes. Yet, this book does not assume that actors’ preferences are exogenous, or exclusively ideological, and partisan; rather, those who negotiate a constitution have preferences that depend on whether they are Incumbents or Opposition forces, often regardless of their ideologies and partisan orientation.