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Constitutional Mythologies

Part of the Studies in Public Choice Book Series (volume 23)

Editors: Marciano, Alain

DOI: 10.1007/978-1-4419-6784-8

ISBN: 978-1-4419-6783-1

Publisher: Springer New York - Springer Journals

Jun 30, 2011

1 - 10 of 12 Chapters

Available

Introduction: Constitutional Myths

Marciano, Alain

Pages: 1 –7

[Human societies function correctly, at least in part, because the individuals who belong to them share some common beliefs about their origins, foundations and, as far as social sciences and political economy is concerned, how interactions are organized. These beliefs that are also called...
Available

Consent or Coercion? A Critical Analysis of the Constitutional Contract

Holcombe, Randall G.

Pages: 9 –23

[Humans are social creatures, and any social organization requires an understanding among its members about how individuals in the society interact, what their obligations are to fellow members of society, and what they can expect from others. This understanding is the social contract. The social...
Available

Agent Type, Social Contracts, and Constitutional Mythologies

Boettke, Peter; Fink, Alexander

Pages: 25 –37

[The quest to constrain the power of the state has been ongoing since ancient Athens. And the fundamental paradox of governance has been the same ever since, how can we empower government with the ability to govern over men, but also constrain government so it does not abuse the powers entrusted...
Available

Constitutions, Politics, and Identity

Hamlin, Alan

Pages: 39 –51

[What are Constitutions and, if Constitutions are constitutive, what do they constitute? Each of these questions might give rise to at least two different answers. In a legalistic vein a Constitution might be defined as a document or set of documents that codify the role and process of government...
Available

Is the “Veil of Ignorance” in Constitutional Choice a Myth? An Empirical Exploration Informed by a Theory of Power

Imbeau, Louis M.; Jacob, Steve

Pages: 53 –69

[A Constitution is a social contract defining a set of rules by which the governed agree to be governed. As such a Constitution ascribes power resources to governors while restraining the way they are expected to use them. But a Constitution is also a discourse on the prevailing conceptions of...
Available

Checks and Balances at the OK Corral: Restraining Leviathan

Basuchoudhary, Atin; Reksulak, Michael; Shughart, William F.

Pages: 71 –80

[The question was, in February of 2008, before the US Supreme Court: Does the convoluted phrasing of the Second Amendment to the Constitution confer an individual or a collective right to “keep and bear” arms?]
Available

Popular Sovereignty: A Case Study from the Antebellum Era

Dale, Elizabeth

Pages: 81 –106

[For 2 days, Singleton Mercer stalked Mahlon Hutchinson Heberton through Philadelphia’s streets. Finally, late in the afternoon of Friday, February 10, 1843, Mercer tracked Heberton onto the John Finch, a steamboat that ferried people between Philadelphia and Camden, New Jersey. As that boat...
Available

Direct Democracy and the Constitution

Frey, Bruno S.; Stutzer, Alois; Neckerman, Susanne

Pages: 107 –119

[This chapter applies a comparative view to evaluate initiatives and referendums in the context of Constitutional change. Instruments of direct democratic decision making are compared to those of a purely representative democratic system in which members of parliament decide Constitutional issues...
Available

Parallelisms and Paralogisms in the European Court of Justice

Eusepi, Giuseppe; Cepparulo, Alessandra; Intartaglia, Maurizio

Pages: 121 –134

[Of all ideas that scholars of institutional matters cherish most, none has spawned more interest than judges’ impartiality. The demonstration that the judges’ behavior cannot be fully insulated from political influence is a household item for several books and articles. Yet, conventional...
Available

The Dual Rationale of Judicial Independence

Gélinas, Fabien

Pages: 135 –153

[>The idea that democracy and human rights are best safeguarded by judicial review of legislation under Constitutional instruments has now become dominant in Constitutional discourse.]

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