Individualismo metodologico, mercato costituzionale e ‘la via breve’ della costituzione senza costituenti

The paper is a first attempt to extend the subjective opportunity cost theory to the constitutional game. This is done using the methodological individualism procedure as a tool of analysis. The author argues that the logic of constitutional reforms – rather than the simple passage anarchy-order – is the typical context where methodological individualism represents a particularly promising starting point. From such a perspective the constitutional game cannot be considered either a neutral game, or a zero-sum game any longer. This induces the author to critically reconsider the constitutional game as a “quasi-permanent” public good where the “quasi” becomes the central core, in that it excludes both the “absolutely absolute absolutes”, which prevent the game from being played, and the absolutely relative relatives, which instead prevent constitutional stability.