Economics Dictionary of ArgumentsHome
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| Constitution: a constitution is the supreme law of a state. It sets out the fundamental principles by which the state is governed, such as the powers of the government, the rights of the citizens, and the relationship between the government and the citizens._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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Public Choice Theory on Constitution - Dictionary of Arguments
Parisi I 188 Constitution/Public choice theory/Farber: Adoption of a constitution generally requires at least majority support, if not a supermajority. But why would a majority choose to adopt a constitution and thereby tie its hands in the future? (Ginsburg, 2010(1); Mueller, 2003(2), pp. 634-639). 1) (…) the current majority may be concerned about its future control over governance. Most obviously, the current majority may fear that it will lose electoral dominance, perhaps due to demographic changes, and it therefore desires to lock in legal rules benefiting it or at least protecting it from losses at the hands of future majorities. 2) Alternatively, a majority might mobilize due to a crisis but realize that in normal times its members are unlikely to be similarly mobilized, so it wants to solidify legal rules that will protect it against adverse actions by interest groups or self-interested government officials who will remain active after the crisis fades. 3) Alternatively, constitutions may be intended to provide reassurance to minorities in order to obtain their support for a regime. The most obvious situation is where regions with minority populations have to be persuaded to join a national government. 4) Finally, constitutionalism may be at least in part oriented toward outside audiences. This was clearly the case, for instance, in postwar Japan and Germany, which were occupied by the United States when their current constitutions were adopted. >Constitutional structures/Public choice theory, >Legislature/Public choice theory. 1. Ginsburg, T. (2010). "Public Choice and Constitutional Decision," in D. A. Farber and A. J. O'Connell, eds., Research Handbook on Public Choice and Public Law, 261-282. Northampton, MA: Edward Elgar. 2. Mueller, D. C. (2003). Public Choice 111. Cambridge: Cambridge University Press. Farber, Daniel A. “Public Choice Theory and Legal Institutions”. In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University Press_____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Public Choice Theory Parisi I Francesco Parisi (Ed) The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017 |
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> Counter arguments against Public Choice Theory
> Counter arguments in relation to Constitution
