This quantity is a truly fascinating examine venture that comes with the main cautious paintings on constitutional energy and bounds to authority of which i'm acutely aware. more often than not, the individuals locate that constitutional negotiations often came about in settings the place uncertainty used to be massive. additionally they locate that the extra distinctive the characterization of energy relationships, the extra liberal and sturdy the democracy has a tendency to be.
This ebook addresses the problem of the effect of uncertainty in constitutional layout. To what quantity do structure drafters and adopters make their judgements in the back of a veil of lack of expertise? extra essentially, will we infer from constitutional texts the measure of uncertainty confronted by means of structure drafters and adopters? After an creation (chapter 1), the ebook proceeds in components. the 1st half (chapters 2 to four) introduces to the highbrow filiation of the venture and to its theoretical and methodological foundations. the second one half (chapters five to thirteen) provides 9 case stories equipped at the related constitution: old account of the making of the structure, result of the content material research of the constitutional textual content, and dialogue of particular matters raised within the research. bankruptcy 14 concludes.
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Additional info for Behind A Veil of Ignorance?: Power and Uncertainty in Constitutional Design (Studies in Public Choice, Volume 32)
He argues that strong Judicial Review can be interpreted as insurance: If I lose an upcoming election and the then majority wants to pass new legislation not in accordance with the constitution, the content of the constitution can be insured if it installs a neutral body endowed with the competence of Judicial Review. Ginsburg does not explicitly mention any kind of veil, but his theory is based on the degree of uncertainty prevalent at the constitutional stage; it thus seems perfectly compatible of the notion of the veil made prominent by Buchanan.
Accordingly, socio-legal scholars are interested in how judges interpret and apply constitutional provisions, and how movements and interest groups turn to courts to protect their rights or to challenge current law and legal interpretation. Socio-legal scholarship also addresses the consequences of the mobilisation of law in everyday life. For example, constitutions are discussed in the light of their interpretability (Melton et al. g. g. Epstein and Knight 1998; Segal and Spaeth 1993); or their impact on policy and social change—or lack thereof—is studied (Rosenberg 1991; McCann 1994, 1998).
The focus on law in action distinguishes socio-legal scholarship from the approach taken in this edited and collaborative volume (Imbeau 2009; Imbeau and Jacob 2011, 2015). Legal interpretations develop and evolve over time without formal constitutional or other rule changing. Accordingly, socio-legal scholars are interested in how judges interpret and apply constitutional provisions, and how movements and interest groups turn to courts to protect their rights or to challenge current law and legal interpretation.
Behind A Veil of Ignorance?: Power and Uncertainty in Constitutional Design (Studies in Public Choice, Volume 32)