Constitutional Design
          Goals
        
      
        
          - Protect rights with accessible remedies.
- Enable joint action, especially defense.
- Divide power among branches, levels.
- Representation & deliberation.
- Pay or avoid debts. No fiat currency.
- Adjudicate disputes, avoid conflict, separation.
- Allow peaceful expansion and secession.
- Supersedes derivative statutes, amendable.
- Endure indefinitely, for benefit of posterity. 
 
 
      Principles of Constitutional
          Design
         
    
    Composing a written constitution of government, or an amendment to
    one,
    involves skills similar to those required for any kind of
    legislation,
    or for legal briefs, contracts, and notices, but with some
    additional
    considerations peculiar to supreme laws that supersede ordinary
    legislation or official acts that may be inconsistent with them.
    
    
      - Put it in writing, as brief and simple as possible, but no
        briefer or simpler. 
 
- Omit anything that is not enforceable as law.
- Specify who, what, how, when, where, why, whither, to or for
        whom, etc.
 
- Enter provisions that operate together to solve a problem,
        providing the necessary structure, procedures, rights, powers,
        and
        duties, covering all conceivable contingencies, that require no
        resources that are not always available or obtainable.
- Anticipate all the ways any language might be twisted by
        clever
        lawyers trying to find ways to evade the meaning and intent of
        each
        provision.
- Don't try to micromanage complex social systems. Make sure
        everything orchestrates into a harmonious system, but be aware
        of the
        ways every enactment is an intervention in a chaotic system
        highly
        sensitive to perturbations, and that can only work if it sets up
        self-organized islands of stability in a sea of chaos, that are
        largely
        undesignable except by trial and error.
- Allow some discretion but not too much, so actions
        predictable.
 
Metagaming for Constitutional
          Design
    
    
      
    
    In game theory a metagame
    is a game about another game, generally with the objective of
    finding the best rules or design for that other game. For games like
    chess
    or go
    it is clear that the games did not begin with all the rules and
    design they has today, but as simpler games, the rules and design
    for which evolved over the centuries. What the players were doing
    over the centuries was playing a metagame of finding improvements in
    the game rules and designs to make play more satisfactory.
    
    Metagaming is everywhere in the world of strategic decision-making,
    in society, economics, politics, and engineering. In particular it
    is involved in the evolving designs of constitutions of government
    and legal institutions. Normative politics is largely a matter of
    metagaming.
    
    We can carry the process to another level, playing a metagame in
    which the objective are better rules and designs of the metagame of
    finding better designs for political constitutions, which are
    themselves metagames for designing laws and legal institutions.
    Metagames can even loop back and apply to higher level metagames in
    a system of them. That is what provisions for amendments in
    political constitutions do.
    
    Like any games, metagames can be played well or badly, but they can
    also be analyzed scientifically, or even solved mathematically,
    perhaps with the help of computer simulation models. Just as
    chess-playing programs can now regularly beat human opponents, so we
    can anticipate a day when constitution-writing programs may generate
    better constitutions than conventions of human beings can design.
    Constitution-writing software may not be within reach today, but
    with a concerted, well-funded effort, we can expect to achieve such
    software in the not too distant future that will outperform human
    beings. 
    
    We can speculate about what such software is likely to yield. During
    the course of centuries of constitutional design by humans, and the
    testing of those designs in real-world conditions, certain patterns
    can be discerned that do not seem to be subject to the vagaries of
    history or culture. As in the design of buildings, there is some
    room for taste or even whimsy, but ultimately there do seem to be
    recurrent and stable principles of design that we might expect to
    emerge from the evolution and adaptation of such designs for not
    only human beings of every culture, but even perhaps for other
    species of similarly capable and semi-autonomous social beings,
    anywhere in the Universe. The long-held dream of a science of
    politics may be within reach with the automation of constitutional
    design. This is one of the results that can be expected from the
    science of pynthantics.
    
    The most promising approach to developing constitution-writer
    software is likely to use some form of genetic
      algorithms, that split and recombine specification components,
    which are not necessarily words in a natural language, and then
    tests each combination with simulated societies in which members use
    it to try to optimize their purposes, and protect their rights. Part
    of any such simulation is likely to include "clever lawyers" who try
    to use arguments to get decisions that deviate from "original
    understanding". An objective of the software would be to design
    components that are highly resistant to such usurptive efforts,
    without producing an excessively large document that specifies too
    many details. If the product is not written in a natural language,
    then there would need to be a translator function that would do
    that, so that it could be used by human beings.
    
    So the programmer's ideological preferences do not necessarily
    affect the design, at least not in a predictable way. It is not
    likely to be practical or safe to test designs using real societies,
    so we have to find ways to simulate societies and their members, in
    which the abstract actors behave enough like human beings to test
    the design in the way a human society would, but much faster,
    allowing the selection of better designs to proceed to completion in
    a reasonable amount of time and at an affordable cost.
    
    
    
    One could go on to levels of detail that get into specific
    constitutional provisions, but this will suffice for now.