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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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