The unanimity rule revisited: the case of revisions of hybrid constitutions

摘要

The unanimity rule is one of the major topics that James Buchanan and Gordon Tullock discuss in The Calculus of Consent (Buchanan and Tullock 1962: see especially Chap. 7). This rule is a corner stone of an individualistic approach to constitutional economics. It minimizes externalities and protects individual freedom. In the absence of decision-making costs, it turns out to produce optimal results. If decision-making costs are introduced, the unanimity rule is no longer optimal as such. Yet, it is recommended for the choice of basic constitutional rules that are agreed upon under the veil of uncertainty.