The author distinguishes between normative and positive constitutional
economics. Taking the observation that the normative branch of the ne
w discipline is much better developed than its positive counterpart as
a starting point, the available positive literature is surveyed never
theless. The available evidence is arranged into four categories: (1)
Constitutional rules and the procedures bringing them about, (2) const
itutional rules as the result of preferences and restrictions, (3) con
stitutional rules channeling constitutional change, and (4) the econom
ic effects of constitutional rules. Additionally, various concepts of
the constitution are presented, the tools suited for a positive theory
of constitutional economics discussed, and precursors as well as rela
ted research programs shortly described.