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== Principles of constitutional design ==

== Principles of constitutional design ==

Government in some form goes back to when people were hunter-gatherers and lived in villages, and a common design consisting of a 'council of elders", a "chief" who led hunting or war-making activities, and one or more "priests" who provided a religious guidance or sanction to various activities. Fried, Morton H. ''The Notion of Tribe''. Cummings Publishing Company, [[1975]]. ISBN 0-8465-1548-2 As people began to establish nations or empires and lived in cities, this design evolved into monarchical or feudal patterns, with conquerors or strongmen claiming to rule by "[[Divine Right of Kings|divine right]]". Such rule led some thinkers to take the position that what mattered was not the design of governmental institutions and operations, but the character of the rulers. This view can be seen in [[Plato]], who called for rule by "philosopher-kings".<ref>''[http://www.constitution.org/pla/repub_07.h|Aristotle, by Francesco Hayez]]

Government in some form goes back to when people were hunter-gatherers and lived in villages, and a common design consisting of a 'council of elders", a "chief" who led hunting or war-making activities, and one or more "priests" who provided a religious guidance or sanction to various activities. Fried, Morton H. ''The Notion of Tribe''. Cummings Publishing Company, [[1975]]. ISBN 0-8465-1548-2 As people began to establish nations or empires and lived in cities, this design evolved into monarchical or feudal patterns, with conquerors or strongmen claiming to rule by "[[Divine Right of Kings|divine right]]". Such rule led some thinkers to take the position that what mattered was not the design of governmental institutions and operations, but the character of the rulers. This view can be seen in [[Plato]], who called for rule by "philosopher-kings". ''[http://www.constitution.org/pla/repub_07.h|Aristotle, by Francesco Hayez]]

[[Aristotle]] (c. 350 BC) was one of the first in recorded history to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and [[constitutionalism]], and attempting to classify different forms of constitutional government. The most basic definition he used to describe a constitution in general terms was "the arrangement of the offices in a state". In his works ''[[Constitution of Athens]]'', [[Politics (Aristotle)|Politics]], and [[Nicomachean Ethics]] he explored different forms of constitutions, especially those of [[Constitution of Athens|Athens]] and [[Lycurgus|Sparta]]. He classified both what he reBUTJSKFDHAHDSAic elements. He also distinguished between citizens, who had the exclusive opportunity to participate in the state, and non-citizens and slaves who did not. Later writers, such as [[Cicero]] and [[Plutarch]], would examine designs for government from a legal and historical standpoint.

[[Aristotle]] (c. 350 BC) was one of the first in recorded history to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and [[constitutionalism]], and attempting to classify different forms of constitutional government. The most basic definition he used to describe a constitution in general terms was "the arrangement of the offices in a state". In his works ''[[Constitution of Athens]]'', [[Politics (Aristotle)|Politics]], and [[Nicomachean Ethics]] he explored different forms of constitutions, especially those of [[Constitution of Athens|Athens]] and [[Lycurgus|Sparta]]. He classified both what he reBUTJSKFDHAHDSAic elements. He also distinguished between citizens, who had the exclusive opportunity to participate in the state, and non-citizens and slaves who did not. Later writers, such as [[Cicero]] and [[Plutarch]], would examine designs for government from a legal and historical standpoint.

Other writers ''Principles of Constitutional Design'', Donald S. Lutz (2006) ISBN 0521861683 have argued that such considerations apply not only to all national constitutions of government, but also to the constitutions of private organizations, that it is not an accident that the constitutions that tend to satisfy their members contain certain elements, as a minimum, or that their provisions tend to become very similar as they are amended after experience with their use. Provisions that give rise to certain kinds of questions are seen to need additional provisions for how to resolve those questions, and provisions that offer no course of action may best be omitted and left to policy decisions. Provisions that conflict with what Brownson and others can discern are the underlying "constitutions" of nature and society tend to be difficult or impossible to execute, or to lead to unresolvable disputes.

Other writers ''Principles of Constitutional Design'', Donald S. Lutz (2006) ISBN 0521861683 have argued that such considerations apply not only to all national constitutions of government, but also to the constitutions of private organizations, that it is not an accident that the constitutions that tend to satisfy their members contain certain elements, as a minimum, or that their provisions tend to become very similar as they are amended after experience with their use. Provisions that give rise to certain kinds of questions are seen to need additional provisions for how to resolve those questions, and provisions that offer no course of action may best be omitted and left to policy decisions. Provisions that conflict with what Brownson and others can discern are the underlying "constitutions" of nature and society tend to be difficult or impossible to execute, or to lead to unresolvable disputes.

== Governmental constitutions ==

== Governmental constitutions ==