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Constitutions in Times of Financial Crisis

Constitutions in Times of Financial Crisis

Name: Constitutions in Times of Financial Crisis
Brand: Cambridge University Press
SKU: 9781108729208
Price: 327.86 HKD
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Author: Tom Ginsburg; Mark D. Rosen; Georg Vanberg
ISBN: 9781108729208

Edited by Tom Ginsburg · Mark D. Rosen · Georg Vanberg

Cambridge University Press June 2022

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ISBN-13: 9781108729208
Publisher: Cambridge University Press
Publication: June 2022
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

1. Introduction

Tom Ginsburg, Mark Rosen and Georg Vanberg

Part I. The Role of Constitutions in Dealing with Crises:

2. Financial emergencies

John Ferejohn

3. Rule-of-law objections to the lender of last resort

Eric A. Posner

4. Balanced budget provisions in constitutions

Tom Ginsburg

5. Legislatures and constitutions in times of severe financial crisis

Mark D. Rosen

Part II. Courts and Crises:

6. The place of economic crisis in American constitutional law: the Great Depression as a case study

Barry Cushman

7. Financial crises and constitutional compromise

Georg Vanberg and Mitu Gulati

8. Commitment for cowards: why the judicialization of austerity is bad policy and even worse politics

Daniel Kelemen

9. Protecting fundamental rights during financial crisis: supranational adjudication in the Council of Europe

Eva Brems

Part III. Supranational Governance and Crisis:

10. Constitutionalism as limitation and license: crisis governance in the European Union

Turkuler Isiksel

11. The institutional origin of Europe's constitutional crises: Grexit, Brexit and the EU form of government

Federico Fabbrini

Part IV. Implementing Austerity:

12. The constitutional performance of austerity in Portugal

Teresa Violante and Patrícia André

13. Constitutional resilience and constitutional failure in the face of crisis: the Greek case

Xenophon Contiades and Alkmene Fotiadou

Part V. The Effect of Crises on Constitutions:

14. Economic crises, political fragmentation, and constitutional choice: the agenda-setting power of presidents in Latin America

Gabriel L. Negretto

15. Constitutions, crisis, and regime change: perspectives on East and Southeast Asia

Björn Dressel

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