Constitutions in Times of Financial Crisis

Administrative / Constitutional Law

Constitutions in Times of Financial Crisis

Edited by Tom Ginsburg · Mark D. Rosen · Georg Vanberg
Cambridge University Press June 2022

Specifications

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

Also available as

Hardback

Details

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.

Table of Contents

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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