Constitutional Political Economy, 7, 281-291 (1996)
© 1996 Kluwer Academic Publishers, Boston. Manufacturedin The Netherlands.
Vibert's Vision: Constitutional Theory
in Search of a Constitution
RANDALL G. HOLCOMBE
Department of Economics, Florida State University, Tallahassee, FI. 32306, USA
Abstract. Frank Vibert's book, Europe: A Constitution for the Millennium, draws on constitutionaleconomics to
describe how aEuropean constitutionshouldbe developed to governaEuropean politicalunion. Vibert's theoretical
constitutional framework is solid, but his analysis has two shortcomings. First, he discusses constitutional theory
but never presents any specific constitutional provisions that would be based on that theory. This makes the
feasibility of drawing up an acceptable constitution appear more straightforwardthan it actually is. Second, he
assumes that Europe will eventually be politically unified in much the same manner as the United States, and
does not consider alternatives. Rather than having a single European government, as Vibert suggests, a better
alternative would be to have European nations united through a variety of treaties, agreements, and multinational
organizations.
JEL classification: H1
Frank Vibert's optimistically titled book, Europe: A Constitution for the Millennium, is
based on the premise that the desire for an economic union in Europe will lead toward
political integration. Vibert draws on the budding subdiscipline of constitutional economics
to describe how the European constitution should be developed. As such, the book is
fundamentally normative in character. It is solidly grounded in positive constitutional
theory, but the positive theory is used to develop an argument about how things should be
done as Europe moves toward unification. Vibert does a good job of considering the details,
and his arguments rest firmly on the foundation of constitutional theory. At the same time,
he tells the story as if Europe is inevitabiy headed toward a complete political union, and
takes as his task the analysis of optimal constitutional rules for such a union. "Over the
coming years Europe will establish a political union," Vibert (p. xxi) unequivocally states.
Not everyone would agree that a complete political union is inevitable, however, and the
book would have benefited from stepping back to evaluate just how much of a union would
be desirable. 1 There is good reason to think that Vibert assumes a greater degree of political
unification than would be optimal.
Vibert's constitutional ideal is strikingly similar to the early U.S. Constitution, not so
much in its administrative details but in its commitment to the right of individual freedom
from coercion, and the principle of a union government subordinate to its individual states.
Thus, it is easy to imagine a United States of Europe, now designed in a manner similar
to the United States of America in 1789, evolving into a powerful central government like
the United States of America at the end of the 20th century. If that Europe 200 years hence
were to come to pass, individual states would have only minimal powers of their own.
The problems of governing a large nation with diverse interests would be more severe in
Europe than in the United States, however. Europe will remain more heterogeneous than