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Super Majoritarianism and the Endowment Effect

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  • Uriel Procaccia
  • Uzi Segal

Abstract

The American and some other constitutions entrench property rights by requiring super majoritarian voting as a condition for amending or revoking their own provisions. Following Buchanan and Tullock [5], this paper analyzes individuals' interests behind a veil of ignorance, and shows that under some standard assumptions, a (simple) majoritarian rule should be adopted. This result changes if one assumes that preferences are consistent with the behavioral phenomenon known as the "endowment effect." It then follows that (at least some) property rights are best defended by super majoritarian protection. The paper then shows that its theoretical results are consistent with a number of doctrines underlying American Constitutional Law.

Suggested Citation

  • Uriel Procaccia & Uzi Segal, 2002. "Super Majoritarianism and the Endowment Effect," Discussion Paper Series dp277, The Federmann Center for the Study of Rationality, the Hebrew University, Jerusalem.
    • Handle: RePEc:huj:dispap:dp277
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    1. Jack L. Knetsch & J. A. Sinden, 1984. "Willingness to Pay and Compensation Demanded: Experimental Evidence of an Unexpected Disparity in Measures of Value," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 99(3), pages 507-521.
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    8. Daniel Kahneman & Amos Tversky, 2013. "Prospect Theory: An Analysis of Decision Under Risk," World Scientific Book Chapters, in: Leonard C MacLean & William T Ziemba (ed.), HANDBOOK OF THE FUNDAMENTALS OF FINANCIAL DECISION MAKING Part I, chapter 6, pages 99-127, World Scientific Publishing Co. Pte. Ltd..
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    Cited by:

    1. Giuseppe Attanasi & Luca CORAZZINI & Nikolaos GEORGANTZIS & Francesco PASSARELLI, 2009. "Risk Aversion, Over-Confidence and Private Information as determinants of Majority Thresholds," LERNA Working Papers 09.26.302, LERNA, University of Toulouse.
    2. Zhang, Xiaobin & Ye, Yanmei & Wang, Mengran & Yu, Zhenning & Luo, Jiaojiao, 2018. "The micro administrative mechanism of land reallocation in land consolidation: A perspective from collective action," Land Use Policy, Elsevier, vol. 70(C), pages 547-558.

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