The Strategic Constitution

by Robert D. Cooter

Book Overview

Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories...

• Format: Paperback
• Language: English
• ISBN: 0691096201
• ISBN13: 9780691096209
• Release Date: April 2002
• Publisher: Princeton University Press
• Length: 440 Pages
• Weight: 1.40 lbs.
• Dimensions: 1.1" x 6.1" x 9.2"

Customer Reviews

Very useful synopsis of key themes

If economic analysis of law had developed in continental Europe it would probably have begun with Constitutional law, rather than torts (Cf. Calabresi, the Cost of Accidents). As it was, the body of economic analysis of constitutional law is just starting to come together from a variety of sources, including public choice theory. Cooter came up with the idea for this book by way of discussions with European constitutional law experts. The book has all the merits of Cooter & Ulen's "Law and Economics". It is very easy to follow because it has been clearly written. It is not as deep, but neither is it as verbose as Posner, nor as insightful, or as superficial, as Sunstein. As a law and economics professor I have found it a Godsend. Its many examples and exercises make it a perfect undegraduate textbook, and it is high time it were translated into other languages (particularly Spanish, where there is no equivalent contemporary text). One would hope that Cooter would follow it up with a casebook with American and European cases. This is still a white space, and there's no one better qualified than Cooter to fill it up.One caveat is that The Stratetic Constitution still shows the joints between some of the chapters and the greater whole, and there seem to be other subjects which could have been dealt with in greater detail, such as the impact of positive constitutional rights, which is significant in many countries whose systems are based on statutory law.

Constitutional Law and Economics

Well written, simple and complete. If I wasn't aware of the existing public choice literature I would have thought that this branch of economics (or law?) is mature and well developed, and that this book is a University textbook for a would-be course in Constitutional law and economics (if ever tought). However, this field is still fresh and unchartered, and this book gives a good idea of what to expect next.