Constitution

About: Constitution is a research topic. Over the lifetime, 37828 publications have been published within this topic receiving 435603 citations.

Enterprise and American law, 1836-1937

Abstract: Preface Introduction: Classicism, Democracy, and the Rule of Law Part I: The Classical Corporation and State Policy I. Classical Political Economy and the Business Corporation 2. Vested Corporate Rights 3. Politics and Public Goods 4. The Corporate Personality 5. Limited Liability 6. Corporate Power and Its Abuse Part Ii: The Economic Constitution 7. A Moral Theory of Political Economy 8. The Classical Theory of Federalism 9. An Economic Interpretation of the Constitution Part Iii: The Rise of Regulated Industry 10. Market Failure and Constitutional Classicism: The Slaughter-House Cases 11. Regulation and Incorporation 12. The Railroads and the Development of Regulatory Policy 13. Federalism and Rate Discrimination Part Iv: The Political Economy of Substantive Due Process 14. Historical Explanation and Substantive Due Process 15. The American School of Political Economy 16. The Wages Fund 17. Market Failure and the Constitution Part V: The Labor Combination In American Law 18. Classical Theory and the Labor Cartel 19. Coercion and Its Meaning: Antitrust and the Labor Injunction Part Vi: The Antitrust Movement and the Theory of the Firm 20. American Merger Policy and the Failure of Corporate Law 21. The Classical Theory of Competition 22. The Rise of Industrial Organization 23. The Fixed-Cost Controversy 24. Potential Competition 25. Vertical Integration and Resale Price Maintenance Epilogue: Classical Enterprise in Decline Notes Index

The Political Origins of the New Constitutionalism

Abstract: Over the past two decades the world has witnessed an astonishingly rapid transition to what may be called juristocracy Around the globe, in numerous countries and in several supranational entities, fundamental constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries Most of these polities have a recently adopted constitution or constitutional revision that contains a bill of rights and establishes some form of active judicial review National high courts and supranational tribunals meanwhile have become increasingly important, even crucial, policy-making bodies To paraphrase Alexis de Tocqueville’s observation regarding the United States, there is now hardly any moral, political, or public policy controversy in the new constitutionalism world that does not sooner or later become a judicial one This global trend toward the expansion of the judicial domain is arguably one of the most significant developments in late twentieth and early twenty-first century government The global trend toward judicial empowerment through constitutionalization has been accompanied and reinforced by an almost unequivocal endorsement of the notion of constitutionalism and judicial review by scholars, jurists, and activists alike As Ronald Dworkin—perhaps the most prominent constitutional

Executive Power of the European Union: Law, Practices, and the Living Constitution

Abstract: I TOPOGRAPHY AND LAYERED SEDIMENTS 1. Geology of the European Union 2. Externalizing National Executive Power 3. Balancing Executive Power II TIDES OF EU REFORM 4. Political Executive Power 5. Administrative Executive Power 6. Satellite Executive Power III A LIVING EU CONSTITUTION 7. Unitary Executive Power 8. Transparent Executive Power 9. Accountable Executive Power 10. Making Visible the Invisible

Outsourcing the Constitution and Administrative Law Norms

Abstract: In the United States, the constitutional constraints and administrative law requirements imposed on government agencies generally have no applicability to private entities performing outsourced public administrative activities. In this article, the authors broadly explore the issues associated with outsourcing constitutional and administrative law norms along with government work by imposing them on private contractors. The authors seek to help frame these issues more cogently for the public administration community in an effort to promote more comprehensive and thoughtful discussion of outsourcing and a greater role for public administrative expertise in determining when and how to apply constitutional and administrative law norms to government contractors.