Constitutional political economy applies an economic approach to the analysis of constitutional choice. Initially, research clearly leaned towards legitimizing the state and its actions. However, the transitions taking place in Central and Eastern Europe have made apparent the necessity to improve our knowledge of the working properties of alternative constitutional rules, thus stressing the importance of positive analysis. The authors analyse both the opportunities and dangers of importing constitutions from around the world into this area.
The papers assembled in this volume deal with the question of what individual transition processes have taught us in terms of constitution-building. The book contains analyses of post 1989 constitutional developments in the countries of Central and Eastern Europe from the perspectives of varied disciplines; including academics, politicians and the judiciary.
Constitutions, Markets and Law will be welcomed by scholars of transition studies and political economists as well as practitioners of, and academics with an interest in, constitutional law.
Edited by Stefan Voigt, Director, Institute of Law and Economics, University of Hamburg, Germany and Hans-Jurgen Wagener, Professor of Economics, Frankfurt Institute for Transformation Studies, Europa-University Viadrina Frankfurt (Oder), Germany
Contents: Preface Introduction 1. What Belongs in a Constitution? 2. Comment by Horst Hegmann 3. On the Relationship Between State and Economy in Transformation 4. Comment by Mark Oelmann 5. The Demand for Constitutional Law 6. Comment by Ivan Baron Adamovich 7. Some Remarks on the Separation of Powers in the Polish Constitution 8. Invisible Contexts, Invisible Constraints. The Limits of the Normative Explanation of Constitutional Change 9. Market-making as State-making. Constitutions and Economic Development in Post-communist Eastern Europe 10. Comment by Claus Offe 11. Are `Western' Constitutions Relevant to Anything Other than the Countries they Serve? 12. Comment by Stephan Panther 13. On Implicit Constitutional Change 14. Comment by Frank Boenker 15. On the Delegation of Powers - with Special Emphasis on Central and Eastern Europe 16. Comment by Gerard C. Rowe 17. Constitutionalism Beyond the Nation State 18. Comment by Anne van Aaken 19. Constitutions in Transition Index