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...

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the...

The author argues that the Supreme Court has not fulfilled the expectations of marginalized groups that government action and inaction would be subject to Canadian Charter scrutiny. Instead it has perpetuated exclusion, disadvantage and discrimination against the poor. By exploring the few...

The abstract nature of Constitutional principles, such as the social state principle, requires further interpretation to determine their concrete substance. Their realization is primarily the duty of politics and the legislator. Yet the Constitutional Courts can substantially contribute to...

This review focuses on the powerful critique of judicial review published in 2007 by Richard Bellamy. It responds to his central theses, drawing in significant part from the work of Mattias Kumm and, at the same time, offering a novel defense of constitutionalism and judicial review. This...