Politics, socio-economic issues and culture in constitutional adjudication

Constitutional Economics/Constitutional Politics

Why does the treatment of American constitutional politics presented in We the People depart so radically from models of constitutional deliberation developed in the type of constitutional economics pioneered by James Buchanan and Gordon Tullock? The paper defines three premises that account for the divergence, and concludes by proposing an inquiry into constitutional design that requires insig...

Economic integration in China: Politics and culture

Herrmann-Pillath, Carsten, Libman, Alexander, and Yu, Xiaofan—Economic integration in China: Politics and culture The aim of the paper is to explicitly disentangle the role of political and cultural boundaries as factors of fragmentation of economies within large countries. On the one hand, local protectionism plays a substantial role in many federations and decentralized states. On the other h...

Constitutional Theory, Constitutional Culture

Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...

The Many and Varied Roles of History in Constitutional Adjudication

The Role of the Philadelphia Convention in Constitutional Adjudication

Max Farrand’s Records of the Federal Convention of 1787 shed light on the intricacies of the debates of the framers over the text of the Constitution. They do not, however, provide authoritative evidence of constitutional meaning. The Philadelphia Convention, after all, was conducted in secret, and the ratifiers, operating in thirteen distinct conventions in culturally and politically diverse s...