Josep M. Colomer

This paper is not about the consequences of political regimes based on separate elections and divided powers between the presidency and the congress, a subject that has been intensively studied during the last decades, including in this journal, but on their origins. This could be approached as a particular case of institutional change, regarding which important studies are available. But in many respects, the foundational choice of a political regime, as was the case of the United States in the late 18th century and of most countries of Latin America in the early 19th century, is exceptional. It involves fundamental issues and is usually very open regarding the extent of the decisions to be made since it may not be strongly constrained by previously existing institutions. When a new country is created, there are no rules for choosing rules. Decisions are rather based on bargains and agreements among leaders, in some cases in conventions of representatives whose outcomes are highly uncertain and may even fail to produce any agreed outcome at all.

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