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Constitutionalism and Common Knowledge: Assessment and Application to a Future European Constitution

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  • Josselin, Jean-Michel
  • Marciano, Alain

Abstract

The purpose of the paper is to advocate that constitutions should be established through a contractarian process, rather than through conventions. To achieve it, they are studied from the perspective of the concept of common knowledge. The authors refer to its political philosophy and game theory dimensions. The making of common knowledge relates to communication and induction problems. The argument is applied to European constitutional integration with a particular focus on administrative law. Copyright 1995 by Kluwer Academic Publishers

Suggested Citation

  • Josselin, Jean-Michel & Marciano, Alain, 1995. "Constitutionalism and Common Knowledge: Assessment and Application to a Future European Constitution," Public Choice, Springer, vol. 85(1-2), pages 173-188, October.
  • Handle: RePEc:kap:pubcho:v:85:y:1995:i:1-2:p:173-88
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    Cited by:

    1. Maurice Baslé, 1997. "Le changement institutionnel peut-il être analysé comme évolutionnaire ? quelques limites de l'approche économique standard et quelques voies ouvertes à l'approche évolutionnaire," Post-Print hal-02081216, HAL.
    2. JEAN-MICHEL Josselin & ALAIN Marciano, 1997. "The Paradox of Leviathan: How to Develop and Contain the Future European State?," European Journal of Law and Economics, Springer, vol. 4(1), pages 5-22, January.
    3. Rustam Romaniuc & Katherine Farrow & Lisette Ibanez & Alain Marciano, 2016. "The perils of government enforcement," Public Choice, Springer, vol. 166(1), pages 161-182, January.
    4. Forte Francesco, 1996. "Etica Pubblica Ε Regole Del Gioco. I Doveri Sociali In Une Societa Liberale," Journal des Economistes et des Etudes Humaines, De Gruyter, vol. 7(1), pages 1-10, March.
    5. Daniel Drezner & Henry Farrell, 2008. "Introduction: Blogs, politics and power: a special issue of Public Choice," Public Choice, Springer, vol. 134(1), pages 1-13, January.
    6. Jean-Michel Josselin & Alain Marciano, 2000. "Displacing your Principal. Two Historical Case Studies of Some Interest for the Constitutional Future of Europe," European Journal of Law and Economics, Springer, vol. 10(3), pages 217-233, November.
    7. Jean-Michel Josselin & Alain Marciano, 2002. "The Making of the French Civil Code: An Economic Interpretation," European Journal of Law and Economics, Springer, vol. 14(3), pages 193-203, November.
    8. Sophie Harnay, 2002. "Was Napoleon a Benevolent Dictator? An Economic Justification for Codification," European Journal of Law and Economics, Springer, vol. 14(3), pages 237-251, November.

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