Make a comparative analysis of the constitutions of China and Mexico.
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Answer:Constitutions came earlier than democracy (Strong 1963). During the late Middle Ages and early modern times, constitutions were mainly devices for establishing rights and limiting powers, functions that are still emphasized in certain academic literature on constitutions (see, for example, North and Weingast 1989; North 1990; Buchanan 1990; Weingast 1995). But as the old powers to be limited were autocratic, constitutionalism advanced almost naturally, together with the expansion of suffrage rights and democratization.
A constitution is usually defined as “a set of rules” for making collective decisions (see, for example, Buchanan and Tullock 1962; Elster and Slagstad 1988; Mueller 1996). Enforceable decisions made by means of rules can solve human coordination and cooperation dilemmas (as discussed by Brennan and Buchanan 1985; Hardin 1989; Ordeshook 1992). However, different rules may favor different decisions with differently distributed benefits. Two sets of rules can be distinguished: (a) those “to regulate the allocation of functions, powers and duties among the various agencies and offices of government,” and (b) those to “define the relationships between these and the public,” which in democracy are based on elections (Finer 1988).
(p. 177) 2 Origins and Evolution of Constitutional Models
2.1 Division of Powers
The first set of constitutional rules just mentioned regulates the division of powers among different institutions. Virtually all the political regimes in world history have been based on a dual formula: a one-person office combined with multiple-person offices (as remarked by Congleton 2001). The rationale for this dualism is that, while a one-person institution may be highly effective at decision-making and implementation, a multiple-person institution may be more representative of the different interests and values in the society. In modern times, a few basic constitutional models can be compared in the light of this dualism. They include: the old, transitional model of constitutional monarchy; the modern democratic models of parliamentary regime and checks-and-balances regime; and two variants of the latter usually called presidentialism and semi-presidentialism.
Finally, theoretical and comparative analyses should help to improve constitutional choice, advice, and design. The present wide spread of democracy in the world raises new demands for constitutional formulas able to produce efficient decision-making and broad social satisfaction with the outcomes of government.
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