The Public Choice Threat
Saul Levmore
The Strategic Constitution. Robert D. Cooter. Princeton,
2000. Pp ix, 412. Constitutional Democracy. Dennis C. Mueller.
Oxford, 1996. Pp xi, 382.
The books under review here, Robert Cooter's The Strategic Constitution
and Dennis Mueller's Constitutional Democracy, introduce or consider
arguments and findings drawn from all four segments of the public choice
literature. They do so by focusing on constitutional arrangements, a
category that is never (nor never need be) carefully defined, but that
includes many of the ground rules of democratic governments. Part II
describes these books and comments on their strategies. Part III discusses
the mixed success of public choice theory in legal circles; some tools
are universally appreciated while others are greeted with hostility
or simply avoided. I aim to explain the mixed reception while suggesting
what the future might bring. In doing so, I react not only to these
two books but also to the accompanying Reviews by Don Herzog and, less
directly, by Roger Myerson.
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