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Nine out of 10 constitutions contain explicit emergency provisions, intended to help governments cope with extraordinary events that endanger many people or the existence of the state. We ask two questions: (1) does the constitutionalization of emergency provisions help governments to cope with...
Persistent link: https://www.econbiz.de/10014501527
Constitutional democracy is in decline and many would-be autocrats try to transgress constitutional constraints. Here, we introduce the concept of militant constitutionalism, which suggests a number of constitutional rules that could make constitutions more resilient to attempts to undermine...
Persistent link: https://www.econbiz.de/10014501786
Media freedom is often curtailed in the wake of terrorist attacks. In this contribution, we ask whether constitutional provisions that are intended—directly or indirectly—to protect media freedom affect the degree to which press freedom is curtailed after terrorist incidents. We find that...
Persistent link: https://www.econbiz.de/10014504281
A common argument in the trust literature is that high-trust cultures allow efficient commercial contracts to be shorter, covering fewer contingencies. We take this idea to the topic of social contracts. Specifically, we ask whether social trust affects the length and detail of constitutions....
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The author distinguishes between normative and positive constitutional economics. Taking the observation that the normative branch of the new discipline is much better developed that its positive counterpart as a starting point, the available positive literature is surveyed nevertheless. The...
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Recently, several Muslim countries have ratified new constitutions. In this paper, we ask two questions: first, whether Muslim influence has a discernible impact on the content of such constitutions and, second, whether it has an impact on constitutional reality. More precisely, we are...
Persistent link: https://www.econbiz.de/10011241844