Constitutional Law

16 Pages Posted: 21 Dec 1998

See all articles by Stefan Voigt

Stefan Voigt

University of Hamburg - Institute of Law & Economics; CESifo (Center for Economic Studies and Ifo Institute)

Multiple version iconThere are 2 versions of this paper

Date Written: December 1998

Abstract

The paper discusses both the normative and the positive approach towards the economic analysis of constitutional law. With regard to the normative branch, Buchanan's approach is shortly presented and evaluated. With regard to the positive branch, it is differentiated between research which is interested in explaining the choice of constitutional rules on the one hand and research which is interested in explaining the outcomes that (alternative) constitutional rules bring about on the other. Concerning the first research direction, a distinction between explicit and implicit constitutional change is proposed. Concerning the second direction, concepts such as the separation of powers, unicameral vs. bicameral systems and direct-democratic institutions are discussed. The paper closes with a proposal to complement the two existing branches with an "art of constitutional political economy" which is conjectured to make the economic analysis of constitutional law more relevant in real world processes of constitutional choice.

JEL Classification: K0

Suggested Citation

Voigt, Stefan, Constitutional Law (December 1998). Available at SSRN: https://ssrn.com/abstract=141476 or http://dx.doi.org/10.2139/ssrn.141476

Stefan Voigt (Contact Author)

University of Hamburg - Institute of Law & Economics ( email )

Johnsallee 35
Hamburg, 20148
Germany
+49-40-428385782 (Phone)
+49-40-428386794 (Fax)

CESifo (Center for Economic Studies and Ifo Institute)

Poschinger Str. 5
Munich, DE-81679
Germany

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
498
Abstract Views
3,011
rank
63,016
PlumX Metrics