Substance vs. procedure: Constitutional enforcement and constitutional choice
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.
If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Buchanan, James M, 1997. " The Balanced Budget Amendment: Clarifying the Arguments," Public Choice, Springer, vol. 90(1-4), pages 117-38, March.
- James Buchanan, 2008. "Same players, different game: how better rules make better politics," Constitutional Political Economy, Springer, vol. 19(3), pages 171-179, September.
- Niclas Berggren, 2000. "Implementing Generality while Reducing the Risk for Fiscal Explosion," Constitutional Political Economy, Springer, vol. 11(4), pages 353-369, December.
- Daniel Sutter, 1997. "Enforcing Constitutional Constraints," Constitutional Political Economy, Springer, vol. 8(2), pages 139-150, June.
- Kliemt, Hartmut, 1994. " The Calculus of Consent after Thirty Years," Public Choice, Springer, vol. 79(3-4), pages 341-53, June.
- William Niskanen, 1990. "Conditions affecting the survivial of constitutional rules," Constitutional Political Economy, Springer, vol. 1(2), pages 53-62, March.
When requesting a correction, please mention this item's handle: RePEc:eee:jeborg:v:80:y:2011:i:2:p:309-318. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Zhang, Lei)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.