Selection Effects in Constitutional Law

@article{Vermeule2004SelectionEI,
  title={Selection Effects in Constitutional Law},
  author={Adrian Vermeule},
  journal={Virginia Law Review},
  year={2004}
}
  • Adrian Vermeule
  • Published 2004
  • Economics, Political Science
  • Virginia Law Review
The standard consequentialist analysis of constitutional law focuses on the incentives that shape the behavior of government officials and other constitutional actors. Incentive-based accounts justify elections as a means of constraining officials to promote the public welfare, or at least the welfare of the median voter; justify the separation of powers as a means of making "ambition counteract ambition"; justify negative liberties, such as free speech and free association, as a necessary… Expand
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