The paper discusses both the normative and the positive approach towards the economic analysis of constitutional law. With regard to the normative branch, Buchanan's approach is shortly presented and evaluated. With regard to the positive branch, it is differentiated between research which is...

This chapter addresses a new and fertile research program: constitutional law and economics. Constitutional law and economics asks questions like, ‘What is the extent of the U.S. Congress's power to regulate commerce?'; ‘How much legislative authority can be delegated to administrators?';...

Fear and loathing of big and growing government has been a persistent theme in American political and constitutional discourse since the Founding. A correspondingly enduring and pervasive assumption in constitutional law and theory is that government officials are empire-builders,...

This short comment responds to Michael Stokes Paulsen's “The Uselessness of Constitutional Law.” Paulsen makes the provocative suggestion that Constitutional Law be removed from the required curriculum at every law school in the country, and offered only as a Great Books/Great Cases...

Hard cases present a dilemma at the heart of constitutional law. Courts have a duty to decide them—to vindicate rights, to clarify law—but doing so leads to errors (judges do not know the “right answer”) and strains the credibility of courts as impartial decision makers. Theories of...

This paper questions the relevance of constitutional law in legal systems. Comparative constitutional law scholars have become used to the assumption that constitutional law is a universal point of reference which can be addressed in comparison. If comparative constitutional law is intended to...

The 2006-2007 term coincided with the 25th anniversary of the Canadian Charter of Rights and Freedoms. The Court was active, issuing numerous important decisions in constitutional law. This article reviews fourteen significant cases. Decisions reviewed include Charkaoui (challenge to security...

The widespreadunderstandingthat the ECJ'searly fundamental rights jurisprudence in Internationale Handelsgesellschaft (1970) and other cases was developed in response to judgments of theGerman and Italian Constitutional Courts has recently been questioned.Delledonne and Fabbriniclaimboth that...