Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 20 September 2019

Abstract and Keywords

This chapter examines the economics of constitutional law. Using a novel grand theory of constitutional law that draws upon economic analysis, it shows that constitutional law is not primarily motivated by concerns for efficiency. Rather, it argues that essential constitutional structures and a wide array of doctrines are responsible for advancing the normative goal of raising the stakes of political outcomes, which in turn promotes active political engagement. These constitutional structures include bicameralism, the presidential veto, and the independent judiciary, whereas constitutional doctrines range from standing to gerrymandering by political parties, due process, equal protection, the commerce clause, and agency-deference rules. The chapter also discusses structural constitutionalism, the role of federalism in shaping policy swings, and the problem of rent-seeking legislation.

Keywords: economics, constitutional law, bicameralism, presidential veto, independent judiciary, standing, gerrymandering, due process, equal protection, commerce clause

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.