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Is "rule of law" anything more than a fictional allusion? After all, "law" is an abstract noun, and abstract nouns can't rule. Only people can rule. Rule of law is a fiction, one that has been around since ancient times. Whether, or under what circumstances, rule of law might be an ideal type...
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the problem of discretionary executive power. Locke’s constitution divides political power between the executive and the … act for the public good. Locke closely links the public good and the constitution such that any breach of the constitution … because it is a breach of the constitution. After setting out Locke’s theory of separation of powers, the author presents a …
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and institutionally, applying the constitutional doctrine of separation of powers to the macroeconomic constitution and …
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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...
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In this paper we use novel historical data on economics and social rights from the constitutions of 201 countries and an instrument variable strategy to answer two important questions. First, do economic and social rights provisions in constitutions reduce poverty? Second, does the strength of...
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