Substance vs. procedure: Constitutional enforcement and constitutional choice

Georg Vanberg

Journal of Economic Behavior & Organization, 2011, vol. 80, issue 2, 309-318

Abstract: 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.

Keywords: Constitutional political economy; Constitutionalism; Judicial review; Public choice (search for similar items in EconPapers)
Date: 2011
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (7)

Downloads: (external link)
http://www.sciencedirect.com/science/article/pii/S0167268111001752
Full text for ScienceDirect subscribers only

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:eee:jeborg:v:80:y:2011:i:2:p:309-318

DOI: 10.1016/j.jebo.2011.06.030

Access Statistics for this article

Journal of Economic Behavior & Organization is currently edited by Houser, D. and Puzzello, D.

More articles in Journal of Economic Behavior & Organization from Elsevier
Bibliographic data for series maintained by Catherine Liu ().