Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law
The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law
ExpressO
Sovereigns, like individuals, must sometimes make commitments that limit their own freedom of action in order to accomplish their goals. Social scientists have observed that constitutional arrangements can, by restricting a sovereign’s power, enable the sovereign to make such commitments. This essay advances several claims about the commitment problems that sovereigns face. First, constitutions do not necessarily solve such problems but can instead aggravate them, by entrenching inalienable governmental powers and immunities. Second, sovereigns and other actors face two distinct varieties of commitment problems – undercommitment and overcommitment – between which they must steer: an actor that can bind itself …
Institutional Structure: A Delicate Balance, Paul Craig
Institutional Structure: A Delicate Balance, Paul Craig
Articles by Maurer Faculty
No abstract provided.