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Political Institutions: Constitutions eJournal最新文献

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Trust and Distrust Across Constitutional Law 宪法中的信任与不信任
Political Institutions: Constitutions eJournal Pub Date : 2021-08-30 DOI: 10.2139/ssrn.3913655
Rosalind J Wright
{"title":"Trust and Distrust Across Constitutional Law","authors":"Rosalind J Wright","doi":"10.2139/ssrn.3913655","DOIUrl":"https://doi.org/10.2139/ssrn.3913655","url":null,"abstract":"A constitutional regime's basic stability and effectiveness depend upon appropriate trust and distrust. Trust by relevant parties, of deserving recipients, in proper contexts and degrees, is required for governmental efficiency, for meaningful social solidarity, and for general cultural flourishing. Based partly on our own personal experiences with trust among private parties, we all have some initial idea of what circumstances contribute to trust and distrust in the higher level constitutional context. This Article explores issues of trust and distrust across the constitutional spectrum. As it turns out, questions of equality and inequality, whether as a cause or as an effect of trust or distrust, are central to all such cases.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124618400","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Designing the Tax Supermajority Requirement 设计税收绝对多数要求
Political Institutions: Constitutions eJournal Pub Date : 2020-11-02 DOI: 10.2139/ssrn.3723907
Andrew D. Appleby
{"title":"Designing the Tax Supermajority Requirement","authors":"Andrew D. Appleby","doi":"10.2139/ssrn.3723907","DOIUrl":"https://doi.org/10.2139/ssrn.3723907","url":null,"abstract":"States are rekindling the trend of broad constitutional amendments that require supermajority approval to create or increase taxes. This trend may inadvertently harm states’ already precarious fiscal footing, particularly with several new imminent expenditure demands. States can minimize negative economic consequences, however, through proper supermajority requirement design. \u0000 \u0000This Article makes three contributions. First, it examines broad constitutional tax supermajority requirements’ history, asserted justifications, and effectiveness. This examination concludes that the motivations underlying the first and second supermajority waves differ importantly from those underlying the possible third wave. Recognizing this novel motivation—signaling low-tax competitive advantage—allows this Article to present optimal supermajority provision design principles. \u0000 \u0000Second, this Article investigates several new sources that can generate immense tax revenue for states, but that will likely be obstructed by tax supermajority provisions if not designed properly. This Article also identifies several expenditure demands that are unlikely to be satisfied without new or increased taxes. \u0000 \u0000Finally, this Article presents tax supermajority requirement design principles that achieve a strong low-tax signaling function while allowing flexibility to maintain a low-tax competitive advantage. Fundamentally, the constitutional tax supermajority requirement should expressly encompass personal income tax, business taxes, and fees, while excluding transaction taxes. If a state decides to pursue a broad tax supermajority requirement, these design principles will best position a state to attract businesses and wealthy individuals while also achieving fiscal stability.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124807716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Civil Liberties in Times of Crisis 危机时期的公民自由
Political Institutions: Constitutions eJournal Pub Date : 2020-10-01 DOI: 10.3386/w27972
M. Alsan, Luca Braghieri, Sarah Eichmeyer, Minjeong Joyce Kim, Stefanie Stantcheva, David Y. Yang
{"title":"Civil Liberties in Times of Crisis","authors":"M. Alsan, Luca Braghieri, Sarah Eichmeyer, Minjeong Joyce Kim, Stefanie Stantcheva, David Y. Yang","doi":"10.3386/w27972","DOIUrl":"https://doi.org/10.3386/w27972","url":null,"abstract":"We study people's willingness to trade off civil liberties for increased health security in the context of the COVID-19 pandemic by deploying representative surveys involving around 550,000 responses across 15 countries. We document significant heterogeneity across groups in willingness to sacrifice rights: citizens disadvantaged by income, education, or race are less willing to sacrifice rights than their more advantaged peers in every country. Leveraging naturally occurring variation and experimental approaches, we estimate a one standard deviation increase in health insecurity increases willingness to sacrifice civil liberties by 68–83 percent of the difference between the average Chinese and US citizen. (JEL D12, D91, I12, I18, K38, O17, P36)","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121315093","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 47
Legitimate Expectations and the Rule of Law in International Investment Law 国际投资法中的合法期望与法治
Political Institutions: Constitutions eJournal Pub Date : 2020-08-24 DOI: 10.2139/ssrn.3409086
Caroline Henckels
{"title":"Legitimate Expectations and the Rule of Law in International Investment Law","authors":"Caroline Henckels","doi":"10.2139/ssrn.3409086","DOIUrl":"https://doi.org/10.2139/ssrn.3409086","url":null,"abstract":"The rule of law is one of the yardsticks by which both critics of and apologists for international investment law evaluate the regime, but it has been thus far insufficiently theorised. This chapter offers some thoughts on how the concept of the rule of law might be deployed to justify and delimit the contours of legitimate expectations in international investment law. The chapter deliberately adopts a formal, largely Razian approach to the rule of law, focusing on two of its dimensions: legal certainty and the prohibition on arbitrariness. It argues that legal certainty provides the most compelling justification for the recognition of legitimate expectations in international investment law, when compared to other rationales emerging from investment tribunals and the literature. The chapter analyses four common types of government action arising in investment cases through the lens of legal certainty, arguing that the strength of the claim for recognition of legitimate expectations depends on the government conduct at issue, with government interference with legal rights or formal decisions generating the strongest claim for protection, and changes to the extant legal framework generating the weakest claim. The chapter then identifies the prohibition on arbitrary conduct as the relevant touchstone for protection of legitimate expectations, explains how the two elements of the legal test fit together, and suggests that this interpretation accords with evolving state practice in treaty design, and more recent tribunal decisions concerning legitimate expectations.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117319526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
On the New German Ideology 论新德意志意识形态
Political Institutions: Constitutions eJournal Pub Date : 2020-07-09 DOI: 10.2139/ssrn.3647162
Michael A. Wilkinson
{"title":"On the New German Ideology","authors":"Michael A. Wilkinson","doi":"10.2139/ssrn.3647162","DOIUrl":"https://doi.org/10.2139/ssrn.3647162","url":null,"abstract":"Postwar Europe is partly reconstituted by a fear of democratic freedom, and a desire for political and economic stability. Constitutional relations are transformed over time through a mixture of political authoritarianism and economic liberalism. This takes place in a combination of domestic and supranational developments. The transformation also has a utopian dimension, and outlining its utopianism can help identify its ideological character. It is captured by such related terms as ‘postpolitics’, ‘post-nationalism’, ‘post-sovereignty’ and ‘the ‘end of history’. These terms all point to the way in which authoritarian liberalism is maintained not only – and perhaps not even predominantly - through coercion and consent but also in the grey area in between, namely through practices and beliefs that suggest politics can be transcended and the medium of law reign supreme. We may call this the new German ideology. It becomes a dominant trope in the European constitutional imagination. Although it is unsettled after Maastricht and enters a critical phase through the financial crisis, the new German ideology remains relatively resilient. It benefits from the support of a critical theory that has lost its moorings, and a political system that is able to incorporate aspects of authoritarian populism, even as the centre ground appears increasingly fragile.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"212 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123026348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Against Fiduciary Constitutionalism 反对信义宪政
Political Institutions: Constitutions eJournal Pub Date : 2020-02-28 DOI: 10.2139/ssrn.3545650
Samuel L. Bray, P. Miller
{"title":"Against Fiduciary Constitutionalism","authors":"Samuel L. Bray, P. Miller","doi":"10.2139/ssrn.3545650","DOIUrl":"https://doi.org/10.2139/ssrn.3545650","url":null,"abstract":"A growing body of scholarship draws connections between fiduciary law and the Constitution. In much of this literature, the Constitution is described as a fiduciary instrument that establishes fiduciary duties, not least for the President of the United States. \u0000 \u0000This Article examines and critiques the claims of fiduciary constitutionalism. Although a range of arguments are made in this literature, there are common failings. Some of these involve a literalistic misreading of the works of leading political philosophers (e.g., Plato and Locke). Other failings involve fiduciary law—mistakes about how to identify fiduciary relationships, about the content and enforcement of fiduciary duties, and about the relationship of fiduciary status to good faith. Still other failings sound in constitutional law—linguistic confusions and an impossible attempt to locate the genre of the Constitution in the categories of private fiduciary law. These criticisms suggest fundamental weaknesses in the new and increasingly influential attempt to develop fiduciary constitutionalism.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121063365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mind the Gap – Analyzing the Divergence Between Constitutional Text and Constitutional Reality 铭记鸿沟——浅析宪法文本与宪法现实的分歧
Political Institutions: Constitutions eJournal Pub Date : 2019-11-08 DOI: 10.2139/ssrn.3530101
S. Voigt
{"title":"Mind the Gap – Analyzing the Divergence Between Constitutional Text and Constitutional Reality","authors":"S. Voigt","doi":"10.2139/ssrn.3530101","DOIUrl":"https://doi.org/10.2139/ssrn.3530101","url":null,"abstract":"Constitutional Economics – the analysis of constitutions drawing on the economic approach – has made important progress over the last two decades. The factors determining whether a constitution is complied with, however, have received only little attention. This is surprising, as a huge gap between constitutional text and constitutional reality seems to exist in many countries. In this paper, this gap is referred as the de jure/de facto gap. The paper discusses ways in which the gap can be researched systematically and surveys the scant available literature that has tried to do so thus far.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115642917","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 9
The Rule of Law, Economic Development, and the Developmental States of Northeast Asia 法治、经济发展与东北亚发展中国家
Political Institutions: Constitutions eJournal Pub Date : 2019-11-04 DOI: 10.2139/ssrn.3480823
J. Ohnesorge
{"title":"The Rule of Law, Economic Development, and the Developmental States of Northeast Asia","authors":"J. Ohnesorge","doi":"10.2139/ssrn.3480823","DOIUrl":"https://doi.org/10.2139/ssrn.3480823","url":null,"abstract":"Rule of Law rhetoric is all around us — in the business press, in the programs and publications of the World Bank, International Monetary Fund (IMF) and Asian Development Bank (ADB), in bilateral development assistance projects, and even in US-China diplomatic dialogue. Notably, however, the Rule of Law is not being touted in these primarily for its traditional political role as a protector of human rights and individual dignity. Rather, the new rhetoric makes the claim that the Rule of Law is a crucial element in economic development, not only in formerly socialist countries (‘transition economies’) (World Bank, 1996), but in developing capitalist countries as well.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"272 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125834440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
The Rule of Law and its Impact on Socio-Economic, Environmental, Gender and Cultural Issues 法治及其对社会经济、环境、性别和文化问题的影响
Political Institutions: Constitutions eJournal Pub Date : 2019-08-03 DOI: 10.20896/SACI.V7I2.522
A. Kostruba
{"title":"The Rule of Law and its Impact on Socio-Economic, Environmental, Gender and Cultural Issues","authors":"A. Kostruba","doi":"10.20896/SACI.V7I2.522","DOIUrl":"https://doi.org/10.20896/SACI.V7I2.522","url":null,"abstract":"Legal science indicates the complexity of its subject. The law regulates not only the social relations themselves, but also affects all related industries. The signing of contracts follows the economy and relations between economic agents. At the time when the world trade is developing more, and more actively, the levelling of differences between legal systems allows to expand the boundaries of cooperation and ensure the exchange of goods and services almost without restrictions","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123934424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
The Environment and Cultural Heritage 环境与文化遗产
Political Institutions: Constitutions eJournal Pub Date : 2019-07-16 DOI: 10.1093/LAW/9780198859871.003.0014
B. Boer
{"title":"The Environment and Cultural Heritage","authors":"B. Boer","doi":"10.1093/LAW/9780198859871.003.0014","DOIUrl":"https://doi.org/10.1093/LAW/9780198859871.003.0014","url":null,"abstract":"This chapter focuses on the legal links between the conservation of cultural and natural heritage at international and regional levels. The chapter canvasses a number of ‘soft law’ instruments prepared by various international bodies that demonstrate the close links between the cultural and the natural heritage. Within international law, a number of multilateral environmental agreements are then examined to illustrate the inherent links between the cultural heritage and the natural environment. The issue of indigenous heritage is also a central consideration. The chapter argues that, in recognition of the relationship between culture and nature, a more unified approach is required to the implementation of the various instruments.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116512108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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