Show Less
You do not have access to this content

Making a 21st Century Constitution

Playing Fair in Modern Democracies

Frank Vibert

Democratic constitutions are increasingly unfit for purpose with governments facing increased pressures from populists and distrust from citizens. The only way to truly solve these problems is through reform. Within this important book, Frank Vibert sets out the key challenges to reform, the ways in which constitutions should be revitalised and provides the standards against which reform should be measured.
Show Summary Details
You do not have access to this content

Chapter 15: Benchmarking: rights and normative choice

Frank Vibert


This chapter examines the role of ‘rights’ in providing guidance for complex normative choices in modern democracies. It distinguishes the role of rights in guiding policy choices from their role in providing the underpinning for the legitimacy of constitutions. It draws on search market theory to discuss the role of rights as benchmarks. Benchmarks help to make choices by assembling what is relevant to a choice, facilitating comparisons and by pointing to anomalies in valuations. The analysis distinguishes between procedural rights and substantive rights applying to socio-economic and environmental conditions. It makes an analogy with the role of benchmarks in financial markets. It suggests that the problems associated with narrowing, oversupply, manipulation and moral hazard that apply to benchmarks in financial markets apply also, for different reasons, to substantive rights claims used as benchmarks in non-market choices.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.