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Substance vs. procedure: Constitutional enforcement and constitutional choice

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  • Vanberg, Georg

Abstract

The constitutional political economy research program established by Nobel Laureate James M. Buchanan provides a rigorous analytical framework for the analysis of constitutional choice. I focus on two issues that have received only limited attention in the CPE literature: the problem of constitutional enforcement and the role of judicial review. I demonstrate that incorporating a concern for enforcement into constitutional analysis has significant implications for the the choice among rules, and suggests that procedural constitutional constraints have significant advantages over constitutional norms that attempt to secure broader, substantive values.

Suggested Citation

  • Vanberg, Georg, 2011. "Substance vs. procedure: Constitutional enforcement and constitutional choice," Journal of Economic Behavior & Organization, Elsevier, vol. 80(2), pages 309-318.
    • Handle: RePEc:eee:jeborg:v:80:y:2011:i:2:p:309-318
    DOI: 10.1016/j.jebo.2011.06.030
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    References listed on IDEAS

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    1. Niclas Berggren, 2000. "Implementing Generality while Reducing the Risk for Fiscal Explosion," Constitutional Political Economy, Springer, vol. 11(4), pages 353-369, December.
    2. Buchanan, James M, 1997. "The Balanced Budget Amendment: Clarifying the Arguments," Public Choice, Springer, vol. 90(1-4), pages 117-138, March.
    3. Buchanan,James M. & Congleton,Roger D., 2006. "Politics by Principle, Not Interest," Cambridge Books, Cambridge University Press, number 9780521031325, September.
    4. James Buchanan, 2008. "Same players, different game: how better rules make better politics," Constitutional Political Economy, Springer, vol. 19(3), pages 171-179, September.
    5. Kliemt, Hartmut, 1994. "The Calculus of Consent after Thirty Years," Public Choice, Springer, vol. 79(3-4), pages 341-353, June.
    6. James M. Buchanan, 2008. "Constitutional Political Economy," Springer Books, in: Readings in Public Choice and Constitutional Political Economy, chapter 17, pages 281-293, Springer.
    7. William Niskanen, 1990. "Conditions affecting the survivial of constitutional rules," Constitutional Political Economy, Springer, vol. 1(2), pages 53-62, March.
    8. Jeffrey K. Staton & Georg Vanberg, 2008. "The Value of Vagueness: Delegation, Defiance, and Judicial Opinions," American Journal of Political Science, John Wiley & Sons, vol. 52(3), pages 504-519, July.
    9. Weingast, Barry R., 1997. "The Political Foundations of Democracy and the Rule of the Law," American Political Science Review, Cambridge University Press, vol. 91(2), pages 245-263, June.
    10. Lutz, Donald S., 1994. "Toward a Theory of Constitutional Amendment," American Political Science Review, Cambridge University Press, vol. 88(2), pages 355-370, June.
    11. James Buchanan, 1990. "The domain of constitutional economics," Constitutional Political Economy, Springer, vol. 1(1), pages 1-18, December.
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    Cited by:

    1. Voigt, Stefan, 2020. "Mind the Gap – Analyzing the Divergence between Constitutional Text and Constitutional Reality," ILE Working Paper Series 32, University of Hamburg, Institute of Law and Economics.
    2. Skarbek, Emily C., 2016. "Aid, ethics, and the Samaritan's dilemma: strategic courage in constitutional entrepreneurship," Journal of Institutional Economics, Cambridge University Press, vol. 12(2), pages 371-393, June.
    3. Georg Vanberg, 2018. "Constitutional political economy, democratic theory and institutional design," Public Choice, Springer, vol. 177(3), pages 199-216, December.
    4. Hayo, Bernd & Voigt, Stefan, 2023. "Judicial independence: Why does de facto diverge from de jure?," European Journal of Political Economy, Elsevier, vol. 79(C).
    5. Andreas Pinkwart & Gideon Schingen & Anna-Tina Pannes & Dirk Schlotböller, 2022. "Improving Resilience in Times of Multiple Crisis," Schmalenbach Journal of Business Research, Springer, vol. 74(4), pages 763-786, December.
    6. Justin T. Callais & Andrew T. Young, 2024. "Revolutionary Constitutions: are they revolutionary in terms of constitutional design?," Public Choice, Springer, vol. 200(3), pages 423-455, September.
    7. Rajagopalan, Shruti, 2016. "Magna Carta revisited: parchment, guns, and constitutional order," International Review of Law and Economics, Elsevier, vol. 47(S), pages 53-59.

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