Journal Article

Property rights and regulatory innovation: Comparing constitutional cultures

David Schneiderman

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 4, issue 2, pages 371-391
Published in print April 2006 | ISSN: 1474-2640
Published online April 2006 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/mol009
Property rights and regulatory innovation: Comparing constitutional cultures

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This paper examines the relation between constitutional property rights and the capacity of self-governing communities to engage in regulatory innovation. Through the lens of “constitutional culture,” property rights in Canada's constitutional order are compared with those in the United States. Thinking about constitutions in cultural terms aids in understanding the changes occurring in national constitutional systems resulting from the constitution-like disciplines associated with economic globalization. In the Canadian case, constitutional culture helps us to locate a constitutional property right with some normative force that does not quite rise to the level of constitutional text. This attenuated right fits the conception of the Canadian state as being better able to handle problems of transition and to take measures for societal self-protection. To some extent, this capacity may be under threat, given the commitments of the North American Free Trade Agreement, and may move Canadian constitutional culture further toward a U.S.-style limited government.

Journal Article.  8742 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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