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Corporate Contractualism vs Corporate Constitutionalism—A Comparative Evaluation

In: Corporate Collapse and Corporate Governance

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  • Yifei Yang

    (Capital University of Economics and Business)

Abstract

This chapter establishes the theoretical foundation for contrasting corporate contractualism and Bottomley’s corporate constitutionalism. It examines their divergent origins, methodologies, approaches to internal corporate arrangements, and relationships with the state, while also identifying points of convergence. By revealing the shift from an economic-contractual to a political-constitutional perspective, the chapter highlights corporate constitutionalism’s potential to address governance failures such as Carillion’s collapse.

Suggested Citation

  • Yifei Yang, 2025. "Corporate Contractualism vs Corporate Constitutionalism—A Comparative Evaluation," CSR, Sustainability, Ethics & Governance, in: Corporate Collapse and Corporate Governance, chapter 0, pages 81-106, Springer.
    • Handle: RePEc:spr:csrchp:978-981-96-9666-6_4
    DOI: 10.1007/978-981-96-9666-6_4
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