Or maybe i've misunderstood what you mean - all the things?

Anything that might require a decision that applies to the blockchain. For example, the blocksize that was mentioned in the OP. In Steem it's the responsibility of the witnesses. But it's not formalized in any way so they tend to not care about it until it becomes a problem.

Dan's constitution is derived from property rights:

The most basic Right is property rights and from that all other Rights can be derived.

It might be a good principle for handling disputes over unclear smartcontracts.

But how you can derive from property rights what is the best size for a block? Decisions like that will be much more common than diputes over badly behaving smartcontracts.