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  • 1
    Electronic Resource
    Electronic Resource
    Oxford UK and Boston, USA : Blackwell Publishing Ltd.
    Kyklos 55 (2002), S. 0 
    ISSN: 1467-6435
    Source: Blackwell Publishing Journal Backfiles 1879-2005
    Topics: Sociology , Economics
    Notes: A first draft of this paper was written while the authors were with the Institute for Advanced Study, Berlin. They would like to thank its staff for its immense hospitality and Dieter Grimm, Larry Lessig, Rico Maggi, Dieter Sadowski, and Janes Sustersic for illuminating discussions of some of the ideas contained in this paper.
    Type of Medium: Electronic Resource
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  • 2
    Electronic Resource
    Electronic Resource
    Springer
    Public choice 90 (1997), S. 11-53 
    ISSN: 1573-7101
    Source: Springer Online Journal Archives 1860-2000
    Topics: Economics
    Notes: Abstract The author distinguishes between normative and positive constitutional economics. Taking the observation that the normative branch of the new discipline is much better developed than its positive counterpart as a starting point, the available positive literature is surveyed nevertheless. The available evidence is arranged into four categories: (1) Constitutional rules and the procedures bringing them about, (2) constitutional rules as the result of preferences and restrictions, (3) constitutional rules channeling constitutional change, and (4) the economic effects of constitutional rules. Additionally, various concepts of the constitution are presented, the tools suited for a positive theory of constitutional economics discussed, and precursors as well as related research programs shortly described.
    Type of Medium: Electronic Resource
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  • 3
    Electronic Resource
    Electronic Resource
    Springer
    Constitutional political economy 4 (1993), S. 287-298 
    ISSN: 1572-9966
    Source: Springer Online Journal Archives 1860-2000
    Topics: Economics
    Type of Medium: Electronic Resource
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  • 4
    Electronic Resource
    Electronic Resource
    Springer
    Constitutional political economy 7 (1996), S. 177-196 
    ISSN: 1572-9966
    Keywords: B41 ; K10 ; P51
    Source: Springer Online Journal Archives 1860-2000
    Topics: Economics
    Notes: Abstract It is claimed here that the epistemics of constitutional economics has hitherto at best played a minor role but that dwelling on the epistemics might prove useful to understand why the positive branch of constitutional economics is not as far advanced as its normative counterpart. Four possible methods-namely comparative institutional analysis, economic history, conjectural history, and laboratory experiments-are analyzed with regard to their epistemic potential. It is hypothesized that conjectural history promises only little potential while the other three methods can be used to complement each other.
    Type of Medium: Electronic Resource
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  • 5
    Electronic Resource
    Electronic Resource
    Springer
    European journal of law and economics 7 (1999), S. 197-224 
    ISSN: 1572-9990
    Keywords: Positive constitutional economics ; implicit constitutional change ; bargaining power ; judicial discretion ; independent judiciary ; commitment capability
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract Constitutional change is often thought of as explicit constitutional change, i.e., as change that implies a modified wording of the constitutional document. In this paper, the possibilities of implicit constitutional change, i.e., change that is not accompanied by formally changing the constitution, are analyzed. The separation of powers a la Montesquieu is taken as a starting point and it will be argued that constitutional change can be brought about by all government branches, i.e., by the executive, the legislature, and the judiciary. If this argument is accepted it follows that the judiciary-even when endowed with the competence of judicial review-is not the ultimate arbiter in supervising constitutional change. It is the main hypothesis of this paper that the judiciary in bringing about implicit constitutional change is subject to a number of constraints among which the original document plays a rather marginal role. Instead, it is claimed that the current preferences of the other government organs as well as those of the population are more relevant in ascertaining the meaning of the constitution at a given point in time.
    Type of Medium: Electronic Resource
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  • 6
    Electronic Resource
    Electronic Resource
    Springer
    Constitutional political economy 10 (1999), S. 283-300 
    ISSN: 1572-9966
    Source: Springer Online Journal Archives 1860-2000
    Topics: Economics
    Notes: Abstract The newly emerging subdiscipline of constitutional economics is dominated by adherents to social contract theory although this approach has been severely criticized many a time. In recent years, an alternative approach in which constitutions are conceptualized as conventions has emerged. It is argued here that this alternative approach is a step in the right direction but still does not go far enough. The central hypothesis of the paper is that conceptualizing constitutions as based on spontaneously arisen institutions can help to solve some of the problems left unanswered by the constitutions-as-conventions view.
    Type of Medium: Electronic Resource
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  • 7
    Electronic Resource
    Electronic Resource
    Springer
    Journal of bioeconomics 1 (1999), S. 263-268 
    ISSN: 1573-6989
    Keywords: positive constitutional economics ; inequality ; efficient private law ; rule of law
    Source: Springer Online Journal Archives 1860-2000
    Topics: Biology , Economics
    Notes: Abstract After having summarized the paper by Grady & McGuire, one of their central conjectures, namely that inequality is necessary and sufficient for the emergence of efficient private law is discussed. It is argued that due to inequality, rulers have incentives to discriminate between subjects. Thus, their interests might very well diverge from those of many subjects with regard to private law. It is further argued that political transaction costs and path dependence should be taken explicitly into account when explaining the development of private law. The present author concludes that the approach taken by Grady & McGuire is compatible with that of public choice, although they aim to criticize the public choice approach.
    Type of Medium: Electronic Resource
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  • 8
    Publication Date: 2016-01-21
    Description: Reducing resource competition is a crucial requirement for colonial seabirds to ensure adequate self- and chick-provisioning during breeding season. Spatial segregation is a common avoidance strategy among and within species from neighboring breeding colonies. We determined whether the foraging behaviors of incubating lesser black-backed gulls ( Larus fuscus ) differed between six colonies varying in size and distance to mainland, and whether any differences could be related to the foraging habitats visited. Seventy-nine incubating individuals from six study colonies along the German North Sea coast were equipped with GPS data loggers in multiple years. Dietary information was gained by sampling food pellets, and blood samples were taken for stable isotope analyses. Foraging patterns clearly differed among and within colonies. Foraging range increased with increasing colony size and decreased with increasing colony distance from the mainland, although the latter might be due to the inclusion of the only offshore colony. Gulls from larger colonies with consequently greater density-dependent competition were more likely to forage at land instead of at sea. The diets of the gulls from the colonies furthest from each other differed, while the diets from the other colonies overlapped with each other. The spatial segregation and dietary similarities suggest that lesser black-backed gulls foraged at different sites and utilized two main habitat types, although these were similar across foraging areas for all colonies except the single offshore island. The avoidance of intraspecific competition results in colony-specific foraging patterns, potentially causing more intensive utilization of terrestrial foraging sites, which may offer more predictable and easily available foraging compared with the marine environment. In a multiyear tracking study, we tested whether the foraging behaviors of incubating lesser black-backed gulls differed between six island colonies varying in size (breeding pairs) and distance to mainland, and whether any differences could be related to the foraging habitats visited. Birds fed at terrestrial and marine habitats, although birds from colonies with larger sizes tended to utilize terrestrial habitats stronger than those from small-size colonies. The clearly segregated foraging patterns among all studied colonies might be a strategy to avoid intraspecific competition, which might in turn lead to a more intensive utilization of terrestrial foraging sites offering more predictable and easily available foraging compared with the marine environment.
    Electronic ISSN: 2045-7758
    Topics: Biology
    Published by Wiley
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  • 9
    Publication Date: 2020-04-01
    Print ISSN: 0043-6275
    Electronic ISSN: 1613-978X
    Topics: Economics
    Published by Springer
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  • 10
    Publication Date: 1991-07-01
    Print ISSN: 0020-5346
    Electronic ISSN: 1613-964X
    Topics: Economics
    Published by Springer
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