Paternalism is an attempt to influence individuals’ decisions for their own benefit, even if there are no third parties involved. This seems to contradict normative individualism, which provides the general orientation to our modern democracies. Soft or libertarian paternalism accepts the...

The present paper consists of two closely related parts: one which outlines a normative criterion for evaluating the legitimacy of constitutional change and one which specifies a particular proposal of a constitution. The criterion used stems directly from the "pragmatic" brand of...

Paternalism is an attempt to influence individuals' decisions for their own benefit, even if there are no third parties involved. This seems to contradict normative individualism, which provides the general orientation to our modern democracies. Soft or libertarian paternalism accepts the...

In this note, three major areas of Buchanan's research are briefly described: (1) The ideas of Knut Wicksell on Buchanan's work, (2) constitutional economics and the veil of ignorance, and (3) the role of government and/or the power to tax. It is shown that these three areas had a major...

Why do rulers play by the rules? We show that the legality requirement under the rule of law implements an endogenous enforcement mechanism supporting constitutionality. Agents which do not obey unconstitutional legal norms are not sanctioned under constitutional rule. A principal who defects...

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...

The paper addresses the divergence in majority rules at the moment of creating or reforming constitutions. While constitutions require, in most cases, qualified majorities in order to be approved at the constitutional assembly, they normally require only simple majorities to be ratified at the...

It is impossible to tell the history of American antitrust law and economics during the so-called formative era (1890-1915) without a preliminary understanding of the economic rationale underlying that major phase of American constitutional law commonly called laissez faire constitutionalism, or...