Results 251 to 260 of about 200,600 (296)
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SSRN Electronic Journal, 2023
Abstract The new gold standard for constitution-writing is consensus. Such consensus is grounded on inclusivity and deliberation within the drafting body. Yet such consensus is under-theorized. It does not appreciate the impact of rules on constitutional outcomes.
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Abstract The new gold standard for constitution-writing is consensus. Such consensus is grounded on inclusivity and deliberation within the drafting body. Yet such consensus is under-theorized. It does not appreciate the impact of rules on constitutional outcomes.
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The Constitutive Nature of Rules
The Southern Journal of Philosophy, 1987Following the later writings of Ludwig Wittgenstein, in this article Werhane argues that language is inexorably rule-governed. Indeed, it could not be otherwise if it is a form of communication through which we are intended to understand each other.
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2023
Abstract Institutional facts are partly constituted by social rules. The main purpose of this chapter is to unpack the relations of constitution between rules and practices. The argument is twofold: First, that the grounding relations between rules and practices is entirely a matter of function, and function, in this context, is a matter
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Abstract Institutional facts are partly constituted by social rules. The main purpose of this chapter is to unpack the relations of constitution between rules and practices. The argument is twofold: First, that the grounding relations between rules and practices is entirely a matter of function, and function, in this context, is a matter
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The Material Constitution and the Rule of Recognition
2023The analysis deals with an original attempt in order to relate the Hartian idea of Rule of recognition with an original configuration of the traditional concept of material constitution. If the material constitution could be considered as the supreme source of a legal system it depends on the foundations of the Law within that political system ...
Stefano Civitarese Matteucci +1 more
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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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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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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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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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