Constitutions in Times of Financial Crisis (Comparative Constitutional Law and Policy)

Georg Vanberg Edited by Tom Ginsburg
Cambridge University Press, 6/20/2019
EAN 9781108492294, ISBN10: 1108492290

Hardcover, 250 pages, 23.5 x 15.6 x 2.2 cm
Language: English

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.