ABSTRACT
Elementary to any study of constitutional choice is the distinction between constitutional and sub-constitutional choice and the corresponding distinction between constitutional and sub-constitutional preferences. Constitutional choices are choices among alternative rules (constraints); sub-constitutional choices are among alternative strategies available within rules (constraints). A chooser’s constitutional preferences reflect trade-offs among alternative rules that might be chosen. Sub-constitutional preferences reflect trade-offs among alternative courses of action or end-objects which are available for choice within a defined set of rules.
