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Implicit Consitutional Change-Changing the Meaning of the Constitution Without Changing the Text of the Document

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  • STEFAN VOIGT

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File URL: http://hdl.handle.net/10.1023/A:1008724612813
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Bibliographic Info

Article provided by Springer in its journal European Journal of Law and Economics.

Volume (Year): 7 (1999)
Issue (Month): 3 (May)
Pages: 197-224

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Handle: RePEc:kap:ejlwec:v:7:y:1999:i:3:p:197-224

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Web page: http://www.springerlink.com/link.asp?id=100264

Related research

Keywords: Positive constitutional economics; implicit constitutional change; bargaining power; judicial discretion; independent judiciary; commitment capability;

References

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  1. Ferejohn, John A. & Weingast, Barry R., 1992. "A positive theory of statutory interpretation," International Review of Law and Economics, Elsevier, vol. 12(2), pages 263-279, June.
  2. Gely, Rafael & Spiller, Pablo T, 1990. "A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases," Journal of Law, Economics and Organization, Oxford University Press, vol. 6(2), pages 263-300, Fall.
  3. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
  4. Kliemt, Hartmut, 1986. "The veil of insignificance," European Journal of Political Economy, Elsevier, vol. 2(3), pages 333-344.
  5. Cooter, Robert D. & Ginsburg, Tom, 1996. "Comparative judicial discretion: An empirical test of economic models," International Review of Law and Economics, Elsevier, vol. 16(3), pages 295-313, September.
  6. McCubbins, Mathew D & Noll, Roger G & Weingast, Barry R, 1987. "Administrative Procedures as Instruments of Political Control," Journal of Law, Economics and Organization, Oxford University Press, vol. 3(2), pages 243-77, Fall.
  7. Charlotte Twight, 1992. "Constitutional renegotiation: Impediments to consensual revision," Constitutional Political Economy, Springer, vol. 3(1), pages 89-112, December.
  8. Toma, Eugenia Froedge, 1991. "Congressional Influence and the Supreme Court: The Budget as a Signaling Device," The Journal of Legal Studies, University of Chicago Press, vol. 20(1), pages 131-46, January.
  9. Moe, Terry M, 1990. "Political Institutions: The Neglected Side of the Story," Journal of Law, Economics and Organization, Oxford University Press, vol. 6(0), pages 213-53.
  10. George J. Stigler, 1971. "The Theory of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 2(1), pages 3-21, Spring.
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Cited by:
  1. Libman, Alexander, 2010. "Internal centralization and international integration in the post-Soviet space," MPRA Paper 21882, University Library of Munich, Germany.
  2. C. Cordes & C. Schubert, 2005. "Toward a Naturalistic Foundation of the Social Contract," Papers on Economics and Evolution 2005-01, Philipps University Marburg, Department of Geography.
  3. Stefan Voigt, 1999. "Breaking with the Notion of Social Contract: Constitutions as Based on Spontaneously Arisen Institutions," Constitutional Political Economy, Springer, vol. 10(3), pages 283-300, October.
  4. Schnellenbach, Jan & Schubert, Christian, 2014. "Behavioral public choice: A survey," Freiburg Discussion Papers on Constitutional Economics 14/03, Walter Eucken Institut e.V..
  5. Lars Hornuf & Stefan Voigt, 2012. "Preliminary References - Analyzing the Determinants that Made the ECJ the Powerful Court it Is," CESifo Working Paper Series 3769, CESifo Group Munich.
  6. Hornuf, Lars & Voigt, Stefan, 2011. "Preliminary References — Analyzing the Determinants that Made the ECJ the Powerful Court it Is," Berkeley Olin Program in Law & Economics, Working Paper Series qt2dg9t3x9, Berkeley Olin Program in Law & Economics.
  7. Feld, Lars P. & Voigt, Stefan, 2003. "Economic growth and judicial independence: cross-country evidence using a new set of indicators," European Journal of Political Economy, Elsevier, vol. 19(3), pages 497-527, September.
  8. Niclas Berggren, 2000. "Implementing Generality while Reducing the Risk for Fiscal Explosion," Constitutional Political Economy, Springer, vol. 11(4), pages 353-369, December.
  9. George Tridimas, 2004. "A Political Economy Perspective of Judicial Review in the European Union: Judicial Appointments Rule, Accessibility and Jurisdiction of the European Court of Justice," European Journal of Law and Economics, Springer, vol. 18(1), pages 99-116, July.

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