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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 …
Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion
Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion
ExpressO
Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …
Institutional Structure: A Delicate Balance, Paul Craig
Institutional Structure: A Delicate Balance, Paul Craig
Articles by Maurer Faculty
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