Jump to ContentJump to Main Navigation
The Structure of LibertyJustice and the Rule of Law$
Users without a subscription are not able to see the full content.

Randy E. Barnett

Print publication date: 2000

Print ISBN-13: 9780198297291

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0198297297.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 14 November 2018

Constitutional Constraints on Power

Constitutional Constraints on Power

Chapter:
(p.257) Thirteen Constitutional Constraints on Power
Source:
The Structure of Liberty
Author(s):

Randy E. Barnett

Publisher:
Oxford University Press
DOI:10.1093/0198297297.003.0013

In a polycentric constitutional order, as distinct from a monocentric one, multiple legal systems exercise the judicial function and law enforcement agencies exercise the executive function. These multiple decision‐makers operate within constitutional constraints that permit them to co‐exist and adjust to each other. A decentralized or polycentric constitutional order provides an institutional framework to address more effectively the problem of enforcement abuse. Such an order will arise naturally if two new constitutional principles are adopted: the nonconfiscation principle stipulates that law enforcement and adjudicative agencies should not be able to confiscate their income by force, but should have to contract with the persons they serve; the competition principle stipulates that law enforcement and adjudicative agencies should not be able to put their competitors out of business by force. How a polycentric legal order better handles the problems of selection, corruption, capture, and the halo effect is explained.

Keywords:   capture, competition, confiscation, constitutional constraints, corruption, halo effect, law enforcement, legal system, polycentrism, selection

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .