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Majority Rules in Constitutional Referendums
Kyklos, 2017SummaryThe paper addresses the divergence in majority rules at the moment of creating or reforming constitutions. While constitutions require, in most cases, qualified majorities in order to be approved at the constitutional assembly, they normally require only simple majorities to be ratified at the referendum.
Michel, S, Cofone, IN
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, 2004 This paper proposes a normative theory of constitutional rules. The first-best cannot be achieved whenever constitutional rules cannot be made contingent on information about the costs and benefits of policy reforms. We characterize and welfare rank four classes of second best constitutions: constitutions that specify one rule for all types of ...
Francesco Giovannoni, Toke S. Aidt
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Rules, the Rule of Law, and the Constitution
Constitutional Commentary, 1989Part of a symposium on "the Constitution as hard law" at a meeting of the Association of American Law Schools in Miami.
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2018
Regulative rules regulate preexisting forms of behavior, constitutive rules make possible new forms of behavior. They constitute the phenomena they regulate. Brute facts can exist independently of any institutions. Institutional facts require pre-existing institutions, which consist of systems of constitutive rules.
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Regulative rules regulate preexisting forms of behavior, constitutive rules make possible new forms of behavior. They constitute the phenomena they regulate. Brute facts can exist independently of any institutions. Institutional facts require pre-existing institutions, which consist of systems of constitutive rules.
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Voting Rules: A Constitutional Quandary
2003INTRODUCTION: STABILITY AND CHANGE OF ELECTORAL SYSTEMS Civic and economic freedoms depend on the competitiveness of a political system, a competitiveness fostered by the constitutional division of powers, the rule of law, and the contestability of the elective positions.
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Unanimity Rule Constitutions [PDF]
, 2000 In this paper, we show that the shortcomings of the unanimity rule can be alleviated by complementing it with the following constitutional principles: broad packages with many public projects can only be proposed once in a legislative term, the agenda setter needs to pay the highest taxes he is proposing, as well as a ban on subsidies.
Hans Gersbach, Ulrich Erlenmaier
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Amendment Rules in Constitutions
Public Choice, 2003I study a formal model where the founder of a constitutiondetermines the amendment rule that minimizes constitutionalchanges by a future lobbyist. The founder has to consider thattoo flexible an amendment rule will make constitutional changevia amending too easy while too rigid an amendment rule willforce the lobbyist to look for other ways to achieve ...
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The Basic Constitutional Rules: The Rules of Succession
1997Abstract Constitutional monarchy is a form of monarchy governed by rules. In Britain, these rules are of two kinds—non‐statutory rules governing hereditary succession and statutory rules laying down certain conditions that the holder of the throne must meet.
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Archiv für Rechts- und Sozialphilosophie, 2009
Context has always been central to Searle’s account of constitutive rules, as can be appreciated from his classic formulation, “X counts as Y in context C.” But while the nature of X and Y in Searle have been widely discussed, the role of the context in which Y is constituted on the basis of X has not.
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Context has always been central to Searle’s account of constitutive rules, as can be appreciated from his classic formulation, “X counts as Y in context C.” But while the nature of X and Y in Searle have been widely discussed, the role of the context in which Y is constituted on the basis of X has not.
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