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Conditions affecting the survivial of constitutional rules

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  • William Niskanen

Abstract

Massive changes in the effective constitution—primarily bearing on the economic powers of the federal government, primarily in the past 60 years—have revived interest in the problem of constitutional maintenance. This paper finds the conventional American theory of constitutional maintenance to have at least three major problems. The paper then suggests three propositions about constitutional maintenance, building on the developing theory ofproprietary government. The most important conclusion is how little we know about this subject. Copyright George Mason University 1990

Suggested Citation

  • William Niskanen, 1990. "Conditions affecting the survivial of constitutional rules," Constitutional Political Economy, Springer, vol. 1(2), pages 53-62, March.
    • Handle: RePEc:kap:copoec:v:1:y:1990:i:2:p:53-62
    DOI: 10.1007/BF02393041
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    References listed on IDEAS

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    1. Richard E. Wagner, 2004. "Public Choice as an Academic Enterprise," American Journal of Economics and Sociology, Wiley Blackwell, vol. 63(1), pages 55-74, January.
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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. Pierre Salmon, 1999. "Ordinary elections and constitutional arrangements [Elections ordinaires et aménagements constitutionnels]," Working Papers hal-01526528, HAL.
    3. 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.
    4. Kyriacou, Andreas, 2000. "A ‘Just and Lasting Solution’ to the Cyprus Problem: In Search of Institutional Viability," MPRA Paper 116308, University Library of Munich, Germany.
    5. Casey B. Mulligan & Kevin K. Tsui, 2006. "Political Competitiveness," NBER Working Papers 12653, National Bureau of Economic Research, Inc.
    6. Vanberg, Georg, 2011. "Substance vs. procedure: Constitutional enforcement and constitutional choice," Journal of Economic Behavior & Organization, Elsevier, vol. 80(2), pages 309-318.
    7. Kyriacou, Andreas, 2001. "On the viability of potentially divided multi-ethnic states," MPRA Paper 115931, University Library of Munich, Germany.
    8. 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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