EconPapers    
Economics at your fingertips  
 

A Theory of Constitutional Standards and Civil Liberty

Roger Lagunoff

The Review of Economic Studies, 2001, vol. 68, issue 1, 109-132

Abstract: Why would potentially intolerant majorities in a democracy protect the rights of unpopular groups? This paper models the formation of legal standards that determine the extent of civil liberty in a society. It is shown that tolerant legal standards emerge over time, despite all individuals having intolerant preferences. Each period citizens choose activities that have social consequences. A majority vote determines which of these activities are legally protected. Because of errors in interpreting the symbolic content of these activities, voters from the majority will not impose excessively intolerant standards, otherwise they may end up severely punishing members of their own group by mistake. Extending this framework to a dynamic model, we examine Markovian equilibria of the game when government improves with time in its ability to correctly interpret citizens' activities. These improvements allow an unchanging majority to impose increasingly intolerant standards over time. It is shown that societies with high political turnover due to population changes are apt to choose tolerant legal standards. Societies with low turnover are more apt to choose more intolerant and unstable ones. Each group seeks to prevent auditing capabilities of government from improving too much over time in order to prevent future majorities from successfully enforcing more intolerant standards.

Date: 2001
References: Add references at CitEc
Citations: View citations in EconPapers (19)

Downloads: (external link)
http://hdl.handle.net/10.1111/1467-937X.00162 (application/pdf)
Access to full text is restricted to subscribers.

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:oup:restud:v:68:y:2001:i:1:p:109-132.

Access Statistics for this article

The Review of Economic Studies is currently edited by Thomas Chaney, Xavier d’Haultfoeuille, Andrea Galeotti, Bård Harstad, Nir Jaimovich, Katrine Loken, Elias Papaioannou, Vincent Sterk and Noam Yuchtman

More articles in The Review of Economic Studies from Review of Economic Studies Ltd
Bibliographic data for series maintained by Oxford University Press ().

 
Page updated 2025-03-19
Handle: RePEc:oup:restud:v:68:y:2001:i:1:p:109-132.