منابع مشابه
Hume's Second-Best Constitutionalism
In the economic and political science literature on constitutional choice and constitutional design, David Hume is almost invariably associated with a master principle of design that is congenial to rationalactor approaches. I shall call this the knavery principle. As Hume put it, "in contriving any system of government, and fixing the several checks and controuls of the constitution, every man...
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There are two conceptions of progressive constitutionalism explored in this Symposium. The first is of progressive constitutionalism as, first and foremost, a programmatic agenda, focused on how progressives’ “distinctive constitutional vision may best be transmuted into claims of constitutional law.”1 To the extent that this constitutional vision entails only a set of policy preferences (e.g.,...
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Non-linear probability weighting is an integral part of descriptive theories of choice under risk such as prospect theory. But why do these objective errors in information processing exist? Should we try to help individuals overcome their mistake of overweighting small and underweighting large probabilities? In this paper, we argue that probability weighting can be seen as a compensation for pr...
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For ‘legal constitutionalists’, written constitutions, constitutive of the legal and political system, superior to other legislation, entrenched against change, and enumerating justiciable rights, guarantee equal respect and concern for all citizens. Judicial review is thus an essential support of democracy. In this book, Richard Bellamy offers a robust argument against this view of constitutio...
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Random taxation may be optimal when the tax payers differ in their attitudes towards risk, so that tax randomization enables the government to separate agents who otherwise would have been pooled. The paper provides conditions under which randomization is optimal, both characterizing circumstances where local random deviations are improving in a neighborhood of a non random optimum, and giving ...
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ژورنال
عنوان ژورنال: The University of Chicago Law Review
سال: 2003
ISSN: 0041-9494
DOI: 10.2307/1600567