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Constitutional Political Economy
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents". This extends beyond the definition of "the economic analysis of constitutional law" and is distinct from explaining the choices of economic and political agents within those rules, a subject of orthodox economics. Instead, constitutional economics takes into account the impacts of political economic decisions as opposed to limiting its analysis to economic relationships as functions of the dynamics of distribution of marketable goods and services. Constitutional economics was pioneered by the work of James M. Buchanan. He argued that "The political economist who seeks to offer normative advice, must, of necessity, concentrate on the process or structure within which political decisions are observed to be made. Exi ...
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Research Program
A research program (British English: research programme) is a professional network of scientists conducting basic research. The term was used by philosopher of science Imre Lakatos to blend and revise the normative model of science offered by Karl Popper's '' The Logic of Scientific Discovery'' (with its idea of falsifiability Falsifiability (or refutability) is a deductive standard of evaluation of scientific theories and hypotheses, introduced by the Philosophy of science, philosopher of science Karl Popper in his book ''The Logic of Scientific Discovery'' (1934). ...) and the descriptive model of science offered by Thomas Kuhn's '' The Structure of Scientific Revolutions'' (with its ideas of normal science and paradigm shifts).Imre Lakatos, auth, John Worrall & Gregory Currie, eds''The Methodology of Scientific Research Programmes: Volume 1: Philosophical Papers''(Cambridge: Cambridge University Press, 1980) Lakatos found falsificationism impractical and often not pra ...
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Constitutional Democracy
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of Legal entity, entity, and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from Sovereign state, sovereign countries to Company, companies and unincorporated Club (organization), associations. A treaty that establishes an international organization is also its constitution, in that it would define how that organ ...
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Supreme Court Of India
The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also has the power of Judicial review in India, judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original jurisdiction, original, appellate jurisdiction, appellate and Advisory opinion, advisory jurisdictions. As the apex constitutional court, it takes up appeals primarily against verdicts of the List of High Courts of India, High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by the President of India#Judicial powers, president of India. Under judicial review, the court invalidates both ordinary laws as well as Amendment of the Constitution of India, constitutional amendments as per the basi ...
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Economic Rights
Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "''progressive action''" towards their fulfilment. The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women recognises and protects many of the economic, social and ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Economic Development
In economics, economic development (or economic and social development) is the process by which the economic well-being and quality of life of a nation, region, local community, or an individual are improved according to targeted goals and objectives. The term has been used frequently in the 20th and 21st centuries, but the concept has existed in the West for far longer. "Modernization", "Westernization", and especially "industrialization" are other terms often used while discussing economic development. Historically, economic development policies focused on industrialization and infrastructure; since the 1960s, it has increasingly focused on poverty reduction. Whereas economic development is a Public policy, policy intervention aiming to improve the well-being of people, economic growth is a phenomenon of market productivity and increases in GDP; economist Amartya Sen describes economic growth as but "one aspect of the process of economic development". Definition and terminolo ...
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Richard Posner
Richard Allen Posner (; born January 11, 1939) is an American legal scholar and retired United States circuit judge who served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicago Law School, Posner was identified in '' The Journal of Legal Studies'' as the most-cited legal scholar of the 20th century. As of 2021, he is also the most-cited United States legal scholar of all time. He is widely considered to be one of the most influential legal scholars in the United States. Posner is known for his scholarly range and for writing on topics outside of law. In his various writings and books, he has addressed animal rights, feminism, drug prohibition, same-sex marriage, Keynesian economics, law and literature, and academic moral philosophy, among other subjects. Posner is the author of nearly 40 books on jurisprudence, economics, and several other topics, including ''Economic Analysis of Law'', ''The Economics of J ...
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Rent-seeking
Rent-seeking is the act of growing one's existing wealth by manipulating the social or political environment without creating new wealth. Rent-seeking activities have negative effects on the rest of society. They result in reduced economic efficiency through misallocation of resources, stifled competition, reduced wealth creation, lost government revenue, heightened income inequality, heightened debt levels, risk of growing corruption and cronyism, decreased public trust in institutions, and potential national decline. Successful capture of regulatory agencies (if any) to gain a coercive monopoly can result in advantages for rent-seekers in a market while imposing disadvantages on their uncorrupt competitors. This is one of many possible forms of rent-seeking behavior. Theory The term "rent", in the narrow sense of land rent, was coined by the British 19th-century economist David Ricardo, but rent-seeking only became the subject of durable interest among economists an ...
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James Madison
James Madison (June 28, 1836) was an American statesman, diplomat, and Founding Fathers of the United States, Founding Father who served as the fourth president of the United States from 1809 to 1817. Madison was popularly acclaimed as the "James Madison as Father of the Constitution, Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights, Bill of Rights. Madison was born into a prominent slave-owning Planter class, planter family in Virginia. In 1774, strongly opposed to British taxation, Madison joined with the Patriot (American Revolution), Patriots. He was a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Dissatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention (United States), Constitutional Convention, which produced a n ...
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Federalist No
The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters call themselves ''Federalists''. History Europe federation In Europe, proponents of Federalisation of the European Union, deeper European integration are sometimes called Federalists. A major European NGO and advocacy group campaigning for such a political union is the Union of European Federalists. Movements towards a peacefully unified European state have existed since the 1920s, notably the Paneuropean Union. A pan-European party with representation in the European Parliament fighting for the same cause is Volt Europa. In the European Parliament the Spinelli Group brings together Member of the European Parliament, MEPs from different political groups to work together of ideas and projects of European federalism; taking their name from Italian politician and MEP Altiero Spinelli, who himself was a major proponent of European ...
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Separation Of Powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the ). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers. History Antiquity Polybius (''Histories'', Book 6, 11–13) described the Roman Republic as a mixed government ruled by the Roman Senate, ...
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