A metaconstitution is a set of pre-constitutional rules. It is in lieu of a formalized constitution

Constitution

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 and consists of accepted axiomatic policy. The constitution is similar to or developed from this. A metaconstitution is also less binding, and can be used to a less rigid form of government. To many nations, the metaconstitution provides an "exit-option", where they may variate from the written document. A metaconstitution, unlike formal constitutions, never needs to be written. Its creation results from the morality and judgment of the people. To be formulated, the people must be generally opposed to anarchy and must desire some form of governing force.

Although vague in concept, the metaconstitution almost always creates the basic roles of leader v. follower. The purpose of the document, however, prevents the placement of total power on the leader. The populace is trusted to self-govern except in severe cases. Such theory does not differ much from salutary neglect

Salutary neglect

Salutary neglect was an undocumented, though long-lasting, British policy of avoiding strict enforcement of parliamentary laws, meant to keep the American colonies obedient to Great Britain. Prime Minister Robert Walpole stated that "If no restrictions were placed on the colonies, they would...

 or laissez faire.

Historical concept

Many prominent political philosophers have discoursed on the subject of metaconstitutionalism, though not directly. Some address the topic as a looser constitution in which the government's singular duty is to protect the people and vice versa. Per Alexis de Tocqueville

Alexis de Tocqueville

Alexis-Charles-Henri Clérel de Tocqueville was a French political thinker and historian best known for his Democracy in America and The Old Regime and the Revolution . In both of these works, he explored the effects of the rising equality of social conditions on the individual and the state in...

:

The concept of metaconstitutionalism received light during the Constitutional Convention

Philadelphia Convention

The Constitutional Convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania, to address problems in governing the United States of America, which had been operating under the Articles of Confederation following independence from...

, as a possible replacement to the Articles of Confederation

Articles of Confederation

The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...

. Per the Federalist, Number 51:

Criticisms

A metaconstitution is constructed to provide a looser equivalent for government. However, a metaconstitutionalistic society is more likely to suffer from domestic disorder. This is because the government cannot wield any power to control the outbreak. Lack of trade and corruption are also major difficulties for a metaconstitution. Again, the governments legal inability to enforce powerful law prevents it from containing situations. In this usage of "metaconstitution", it can also mean a constitution with a nearly non-existent executive branch.

See also

• The Federalist Papers
• Alexis de Tocqueville
  Alexis de Tocqueville
  Alexis-Charles-Henri Clérel de Tocqueville was a French political thinker and historian best known for his Democracy in America and The Old Regime and the Revolution . In both of these works, he explored the effects of the rising equality of social conditions on the individual and the state in...
  
  
• Constitutionalism
  Constitutionalism
  Constitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
  
  
• Constitutional economics
  Constitutional economics
  Constitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
  
  
• Rule according to higher law
  Rule according to higher law
  The rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...
  
  

External links

• Full text of the Federalist, Number 51