Constitutional architects usually include in constitutional texts an unamendable clause known as constitutional entrenchment. A constitutional entrenchment serves different purposes such as, shielding and preserving high valued constitutional norms and distancing the state from past autocratic practices. The study of constitutional entrenchment has attracted great attention in recent years sinc...

The question of what constitutional constraints should apply to government efforts to regulate scientific speech is frequently contrasted to the question of what constitutional constraints should apply to government efforts to regulate scientific research. This comment argues that neither question is well formulated for constitutional analysis, which should instead turn on the relationship to c...

Analysis of the economic effects of constitutional rules has made substantial progress over the last decade. This survey provides an overview of this rapidly growing research area and also discusses a number of methodological issues and identifies underresearched areas. It argues that the next logical step of Positive Constitutional Economics is to endogenize constitutional rules. JEL classific...

This paper is a preliminary draft of an article to appear in Chicago Law Review (2000), as part of a symposium reviewing two new books on economic analysis of constitutions: Dennis Mueller's Constitutional Democracy and Robert Cooter's Strategic Constitution. Some of the basic questions of constitutional analysis are introduced, and the importance of work in this area is shown as one of the maj...

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...

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...

This book is the second in a series of volumes on the Sociology of Constitutions. This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of n...