The English version of this paper can be found at http://ssrn.com/abstract=1774915. Comparative constitutional law scholarship has not realized that differences in the configuration of political institutions should bear upon the way courts do their jobs. This paper develops a comparative theory...

Although democracy is today the most common form of government, the Law and Economics literature has neglected for a long time the role of social preferences in lawmaking. This article aims at capturing the endogenous process of lawmaking: in democracies, people partly determine the law they...