Download or read book The Economics of Constitutional Law and Public Choice written by David W. Barnes and published by West Academic Publishing. This book was released on 1992 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the economic justifications for a coercive state; the economic and distributional implications of using legislative voting to make collective decisions; and the economic logic of constitutional devices such as separation of powers, an independent judiciary, and special protections for the political and property rights of individuals and oppressed classes. The analysis of constitutional law highlights the distribution of power among society's members and the distribution implications of alternative mechanism for institutionalizing state coercion.

Download or read book Economics of constitutional law 1 The structural constitution written by Richard Allen Epstein and published by . This book was released on 2009 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Economic Constitution written by Tony Prosser and published by . This book was released on 2014 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been little analysis of the constitutional framework for management of the UK economy, either in constitutional law or regulatory studies. This is in contrast to many other countries where the concept of an 'economic constitution' is well established, as it is in the law of the European Union. Given the extensive role of the state in attempting to resolve recent financial crises in the UK and elsewhere in Europe, it is particularly important to develop such an analysis. This book sets out different meanings of an economic constitution, and applies them to key areas of economic management, including taxation and public borrowing, the management of public spending, (including the Spending Review), monetary policy, financial services regulation, industrial policy (including state shareholdings) and government contracting. It analyses the key institutions involved such as the Treasury and the Bank of England, also including a number of less well-known bodies such as the Office for Budget Responsibility. There is also coverage of the international context in which these institutions operate especially the European Union and the World Trade Organisation. It thus provides an account of the public law applying to economic management in the UK. This book also adopts a critical approach, assessing the degree to which there is coherence in the arrangements for economic management, the degree to which economic policy-making is constrained by constitutional norms, and the degree to which economic management is subject to deliberation and accountability through Parliament, the courts and other institutions.

Download or read book Constitutional Economics written by Stefan Voigt and published by Cambridge University Press. This book was released on 2020-06-18 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional political economy has emerged as an indispensable part of political economy. This book offers a concise survey of the questions, methods, and empirical findings central to this topic. What effects – if any – do constitutions have within autocracies? Can small electoral districts help reduce corruption? Does a country's leadership affect the size of its government? Can direct democratic institutions increase politicians' accountability to citizens? Stefan Voigt, a pioneer in the field, explores these questions and more throughout the course of this cutting-edge primer. As the number of courses in constitutional economics continues to grow, this book fills an important gap in the literature. This highly original project maintains curiosity about the questions it generates, identifying potential new areas of research whilst successfully demonstrating the impact constitutional rules have on political economy.

Download or read book The Future of Economic and Social Rights written by Katharine G. Young and published by Cambridge University Press. This book was released on 2019-04-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

Download or read book The Law of Political Economy written by Poul F. Kjaer and published by Cambridge University Press. This book was released on 2020-04-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--

Download or read book Constitutional Law and Economics of the European Union written by Dieter Schmidtchen and published by Edward Elgar Publishing. This book was released on 1997-01-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: '. . . Most papers are followed by remarks from two commentators, which provide a useful summary of the issues at stake.' - Keith Tribe, The Economic Journal '. . . With its constitutional law and economics approach to European integration, this book is both interesting and useful for academics, policymakers and students of the EU.' - Nina Grager, Journal of Peace Research The process of European integration is at a crossroads. As the Union becomes larger in terms of members, the institutional structures and decision making procedures will have to change in order for it to make policy initiatives. To meet these challenges, the Union will need an effective institutional and constitutional structure which must be both democratic and acceptable to its citizens.

Download or read book Economic Liberties and the Constitution written by Bernard H. Siegan and published by Routledge. This book was released on 2017-09-29 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason the necessity for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.

Download or read book The Constitution and Economic Regulation written by Michael Conant and published by Routledge. This book was released on 2017-10-19 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study uses basic economic analysis as a technique to comment critically on the original meaning and the interpretation of those clauses of the Constitution that have particular bearing on the economy. Many new conclusions are markedly different from those of the Supreme Court and earlier commentators. Conant's view is that the commerce clause and the equal protection clause, if they had been construed consistently with their comprehensive original meanings, would have given much greater federal protection against state laws that impaire free markets. Economic policy for the nation was vested in Congress. To the extent that special interests could buy congressional favor for their anticompetitive activities, free markets were impaired within constraints as interpreted by the court. These decisions have been criticized for their failure to incorporate the antimonopoly tradition in the Ninth Amendment and their failure to recognize equal protection of laws incorporated into the Fifth Amendment. Conant holds that statutory controls of the economy are justifiable in economic theory if they are designed to remedy market failures and thereby increase efficiency. If statutes are passed to interfere with markets and create market inefficiencies for the benefit of special interest groups, they should be condemned under the standards of normative microeconomics. There are four main classes of market failure: monopoly, externalities, public goods, and informational asymmetry. This masterful analysis examines all four reasons for market failure in depth. Litigation costs are analogous to transaction costs. If legal principles and rules are clearly and precisely defined by the Supreme Court when they are first appealed, litigation and its costs should be minimized. Conant claims that if legal principles or rules are uncertain because they lack definable standards, the number of legal actions filed and litigation costs will be much greater. This promotes additional litigation challenging the many statutes enacted to remedy asserted market failures in an expanding industrial economy. This work brilliantly addresses the danger to the economy in court rulings seeking to legislate standards of reasonableness.

Download or read book An Economic Interpretation of the Constitution of the United States written by Charles A. Beard and published by Courier Corporation. This book was released on 2012-03-08 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic study — one of the most influential in the area of American economic history — questioned the founding fathers' motivations and prompted new perceptions of the supreme law of the land.

Download or read book Imperfect Alternatives written by Neil K. Komesar and published by University of Chicago Press. This book was released on 1997-01-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.

Download or read book Constitutional Law and Economics written by Robert D. Cooter and published by . This book was released on 2019 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter addresses a new and fertile research program: constitutional law and economics. Constitutional law and economics asks questions like, 'What is the extent of the U.S. Congress's power to regulate commerce?'; 'How much legislative authority can be delegated to administrators?'; and 'When should constitutional change happen through judicial updating rather than formal amendment?' To address such questions, constitutional law and economics blends positive, normative, and interpretive analysis. This chapter describes all three but emphasizes interpretation, which is new to many economists and paramount to lawyers. After introducing these modes of analysis, we turn to constitutional law. Six processes make and sustain constitutions: bargaining, voting, delegating, entrenching, adjudicating, and enforcing. Economic theory illuminates these processes, and constitutional law reflects them. We cannot describe all of the relevant economic theory here, but we provide some snapshots. Afterwards, we apply the theory to concrete problems in constitutional law. We demonstrate what constitutional law and economics has achieved and showcase its potential.

Download or read book Law and Economics from an Evolutionary Perspective written by Glen Atkinson and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and economics are interdependent. Using a historical case analysis approach, this book demonstrates how the legal process relates to and is affected by economic circumstances. Glen Atkinson and Stephen P. Paschall examine this co-evolution in the context of the economic development that occurred in the nineteenth and early twentieth centuries as well as the impact of the law on that development. Specifically, the authors explore the development of a national market, the transformation of the corporation, and the conflict between state and federal control over businesses. Their focus on dynamic, integrated systems presents an alternative to mainstream law and economics.

Download or read book The Oxford Handbook of Law and Economics written by Francesco Parisi and published by Oxford University Press. This book was released on 2017 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Economics applies the theoretical and empirical methods of economics to the study of law. Volume 2 surveys Private and Commercial Law.

Download or read book Dollars Polity and Law written by George M. Hall and published by AuthorHouse. This book was released on 2014-07-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revamping the Political Economy after the Impending Collapse No country can borrow indefinitely without fatal consequences. But that is just what the United States is doing; adding nearly a trillion dollars annually to its already massive debt, as overseen by a Congress with an approval rating in the 10-to-14 percent range. In the process, the mind-set that spawned the sub-prime mortgage now renders the entire economy sub-prime. This book explains why and how resolution might obtain after the collapse. The essence is termed polity economics, given that the bifurcated concepts of capitalism and socialism have lost their utility yet persist as incompatible political touchstones. This perspective includes some twenty explicit elements, all addressed at length. Yet by itself, it too will also eventually fail. For it is also essential to restate the Constitution so that it becomes efficaciously aligned with the evolved culture and ethic of the United States, especially to instill stability within the fiscal operations that have come to dominate the country. The ABC's of that admittedly profound document simply do not address the D-through-Z's that have devolved over more than two centuries. Excerpts On fiscal carrying capacity. Isn't the United States simply too big to fail? History laughs. Every empire and nation has been laid waste when it continuously reached for more than it could grasp, which leads to the primary argument in this book: --Every economy has a substantive need for just so much money and fungible assets: a carrying capacity, so to speak. When that capacity is exceeded, money becomes a commodity in its own right. Given propensities to accumulate money and inflate values over a bread-and-butter baseline, the econ-omy degenerates in three successive tiers. The first tier harbors the inevitable dis-tensions of economics, such as periodic business cycles and recessions. Yet money remains a tool, not the essence. But if recessions are avoided, money begins to compete with the substantive aspects of an economy. This is the second tier, where leveraged val-ues inherently devolve unstable, followed eventually by a depression. Yet even de-pres-sion can be staved off by massive bailouts and unsustainable debt. This is the third tier. Money takes pri-or-ity over substance, until, that is, the economy collapses. On political versus supposed economic rights. There may be free speech; there is no free lunch."

Download or read book National Constitutions and International Economic Law written by Meinhard Hilf (jurist.) and published by Springer. This book was released on 1993-02-16 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions from leading practitioners and scholars in relation to national constitutions and international economic law and the conflicts that may arise.

Download or read book The Elements Of Constitutional Law And Political Economy written by Daniel Raymond and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intersection of constitutional law and political economy, specifically addressing how economic factors affect legal decision-making. It examines topics such as property rights, taxation, and regulation, as well as the role of government in promoting economic growth. Raymond's insights continue to inform debates on these issues today, making this a valuable resource for scholars, policymakers, and anyone interested in the fundamentals of constitutional law and political economy. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.