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<p>Although not known for his constitutional theory, Adam Smith had an approach to constitutions that rivals that of Madison. In many ways, Smith’s approach is more coherent and complete than Madison’s, in part because the format of the <i>Federalist Papers</i> required that its authors attack the problem of constitutionalism piecemeal. Essential elements in the Smithian scheme include the familiar separation of powers with an independent judiciary, but also less familiar elements, such as the right of resistance and bright lines as a set of mechanisms for providing incentives to political officials to adhere to the rules.</p>

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Adam Smith’s constitutional theory—and its striking parallels with Madison’s

  • 期刊论文

  • 发表日期：

    2026年7月18日

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  • Barry R. Weingast

摘要

Although not known for his constitutional theory, Adam Smith had an approach to constitutions that rivals that of Madison. In many ways, Smith’s approach is more coherent and complete than Madison’s, in part because the format of the Federalist Papers required that its authors attack the problem of constitutionalism piecemeal. Essential elements in the Smithian scheme include the familiar separation of powers with an independent judiciary, but also less familiar elements, such as the right of resistance and bright lines as a set of mechanisms for providing incentives to political officials to adhere to the rules.