Constitutional control of processes and their outcomes

Abstract

This paper explores the distinction between processes of decision making and their outcomes in the context of the individualistic constitutional calculus. The motivation is primarily methodological. A taxonomy and analytic framework are suggested which explicitly recognize the possible motivations of the constitution setter, and which allow decision making processes to be viewed as both means and ends. The framework is utilized to provide a critical review of some aspects of the received literature.

Procedural Individualism and Outcome Liberalism*

“…This paper sets out to chart a course through one part of the liberal debate-that concerning liberalism's basis in individualism-with the aid of some simple, but frequently overlooked distinctions. The primary intentions are to distinguish clearly between individualism and liberalism in terms of the underlying ethical criteria, to investigate the possibility of positions involving both liberalism and individualism, and finally, to relate the discussion to the work of Hayek. I have argued elsewhere (Hamlin, 1983) that the distinction between a process and an outcome is of some importance from the constitutional perspective ; furthermore, this distinction is itself distinct from that between a means and an end. In this paper, as before, the words process and outcome are used in a purely descriptive manner whilst the notions of means and ends are reserved for distinguishing between those things (whether processes or outcomes) which are valued purely instrumentally (means), and those things valued intrinsically (ends).…”