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List of Figures page xv
Prologue 1
1 Introduction: The Century of Constitutions 4
The Proliferation of Constitutions 6
Why All These Constitutions? 9
Looking Over the Horizon 11
The Imagined World of Law 14
Empiricism of Imagination 15
What Kind of Imagined Worlds Are We Talking About? 16
The Perspectives and Worlds in This Book 17
Making Facts: Performative Expressions 18
The Peculiarities of Legal Scholarship 20
The Power of Evidence 23
The Story of Constitutions 25
Who Is This Book For? 27
Part I Constitutional Diffusion 31
2 Constitutions Everywhere 33
A By-product of Waves of Democratisation? 34
Democratic Recession 36
Riding the High Billows of the World Market? 38
Nature or Nurture? 39
A Silent Legal Revolution? 41
Memes? 42
3 The Origin of Constitutions 44
Who Are ‘We’? 45
The Leap over Dunbar’s Number 49


Everything Is about Trust 51
Increasing Scale 51
How Does Trust Work? 53
The Eternal Struggle for Recognition 56
Ostracism 57
Knowing Your Place 59
Recognition and Value 59
Recognition and Freedom 62
From Recognition to Legitimacy 64
The Invention of Mass Cooperation 65
Part II The History of the Constitution 69
4 Precursors 71
Religion 71
Prehistoric Constitutions 75
5 Etched into Collective Memory: Ancient Constitutions 82
The Twelve Tables 83
Greece 85
Dreros and Draco 87
The Solonian Constitution 88
Aristotle 91
Plato and Wisdom as a Source of Law and Government 95
6 Roman Roots 98
The Roman Legal Order 100
The First Thousand Years of Roman Law 101
7 Mediaeval Constitutions 104
The Virtual Empire 105
Commentaries and the First Universities 107
Grants of Authority: Magna Carta, Bulls, Charters and Joyous Entries 108
Late Mediaeval Period and Early Modern Period 114
Centralisation 114
Legal Humanism 115
8 Early-Modern Constitutions 118
The State as a By-product? 120
The Enlightenment 121
Sectoral Autonomy and Self-determination: The State 123
Social Contract 123
Individuality and Individual Freedom 126
The Inuence of the Philosophes 128
Fundamental Orders and Government Instruments 129
9 Generations: The First Generation of Monarchical
Constitutions 131
10 Second Generation: Revolutionary Constitutions 133
Revolutionary Constitutions: A New Beginning 138
11 Third Generation: Restoration Constitutions 141
A Series of Constitutional Monarchies 145
Innovative Restoration 145
Meanwhile in Norway… 147
12 Fourth Generation: Liberal Constitutions 150
1848: A New Social Order. The Ascent of Parliaments 150
Rise of Nations 152
13 Fifth Generation: Imperial Constitutions 155
1870–1914: Global Empires and Imperial Constitutions 155
Italian Risorgimento 156
German Unication 157
The Spanish, French and Russian Global Empires 160
14 Sixth Generation: Leviathan Constitutions 162
1918–1939: The Democratic-Corporatist Constitutions of the
Interwar Period 165
1917–1945: Socialist Inuences 167
15 The Seventh Generation: Liberation Constitutions 169
1945–1950: Allied Gifts of Freedom 171
1950–1960: Communist Constitutions 174
1960–1970: Post-colonial Constitutions 175
1974–1978: Post-dictatorial Constitutions 177
16 The Eighth Generation: Liberal-Democratic Constitutions 180
The Fall of the Berlin Wall: Constitutions 1989–2018 183
Democracy Without Freedom: The Rise of
Illiberal Democracy 184
Islamic Constitutions 188
Constitutions That Are Not State-Based? 190
Multi-layered Legal Orders 192
17 What Are the Lessons of History? 193
Part III Concepts, Shapes and Types of Constitutions 201
18 What Is a Constitution? 203
Constitution, Constitutional Rules: What Is in a Name? 204
The Meaning of Constitution 205
Rules with a Higher Status 205
Constitutional Entrenchment by Way of Complex
Amendment Procedures 206
The Constitution as a Legal Obligation 209
The Constitution as a Creation 210
Approaches to Constitutional Law 215
The Belief in Constitutionalism 216
Shapes, Sizes and Types 218
Constitutional Archetypes and a Universalist International Constitution 219
19 Constitutional Kinship 221
Coefcient of Relationship 223
Which Topics Are Most Common? 225
Convergence? 227
Global Constitutions? 231
Wishful Thinking? 233
Constitutional Identity 234
Part IV Effects 237
20 What Does a Constitution Do? 239
21 The Legal Meaning of Constitutions 241
Confusing Fields of Law 241
Fruits of a Constitution: Creating a Legal System 244
Effectiveness? 246
Constitutional Performance 247
Sham Constitutions 249
Endurance 250
The Dead Should Not Govern the Living 251
Age Matters 252
The Self-enforcing Constitution 254
22 Economic Aspects 258
The Constitution as a Condition 260
The Constitution as a Factor 263
Transaction Costs 264
Tiebreaker? 265
The Constitution as a Catalyst 266
An Echo Chamber of Freedom? 267
23 Political Aspects 270
Friends? 270
Constitutional Game Theory 273
The Minimax Constitution 274
Constitutional Architecture for Divided Societies 278
Bridging Differences 278
Constitutional Formulae 280
Part V The Imagined Order of the Constitution 281
24 The Constitution9s Beating Heart: Emotions 283
A Late Session 287
Cognitive Science and the Keys of Human Nature 290
Emotional Rationality 293
Imagined Reality – The Construction of Social Reality 294
25 The Roots of the Tree of Knowledge 296
Via Emotions and Sentiments to Morality 296
Rules of Recognition 300
The Elegant Simplicity of Positive Law 300
Does Natural Law Exist? 302
Universal Morality? 306
The Golden Rule 307
Morality under Hume’s Guillotine 308
Are Constitutional Rules Reections of Basic Morality? 310
26 Constitutions as Vehicles for Legitimacy 311
27 The Story of the Constitution 314
Storytellers 314
The Constitution: A Compelling Story 316
Justice 318
The Story of the Constitution 319
28 Appealing to the Imagination: Constitutional Experience 322
Text 324
Wordiness 326
Preambles 327
Happy and Sad Constitutions 329
A Picture Is Worth a Thousand Words 330
Iconography 331
Grand Oaths and Mutual Trust 334
Constitutional Rituals and Constitutional Patriotism 336
29 Once upon a Time & There Was the Constitution 340
Why Are There So Many Constitutions? 342
References 347
Name & Author Index 375
Subject Index 379

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Today, 189 out of 193 officially recognised nation-states have a written constitution, and 75% of these have been ratified since 1975. How did this worldwide diffusion of constitutions come about? In this book, Wim Voermans traces the varied and surprising story of constitutions since the agricultural revolution of c.10,000 B.C. Adopting an interdisciplinary approach, Voermans shows how human evolution, human nature and the history of thought have all played their part in shaping modern constitutions. Constitutions, in turn, have shaped our societies, creating imagined communities of trust and recognition that allow us to successfully co-operate with one another. Engagingly and wittily told, the story of constitutions is vital to understanding our world, our civilisations and, most significantly, ourselves.

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