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According to many democracy theorists, there is an unavoidable trade-off between constitutionalism and the need for political action. This paper criticizes that belief. Rather, it argues that a division of power, while sometimes entailing high political transaction costs, can nevertheless be...
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"In recent decades, the economic framework of Canada’s Constitution has been a subject largely neglected by judges …, scholars, and commentators. Trade and Commerce fills this gap by bringing to light a lost understanding of how the Constitution … structures economic relations. As Malcolm Lavoie reveals, the Constitution includes foundational commitments to property rights …
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Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their...
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