Constitutional Political Economy and the Nature and Effects of Rights

ABSTRACT Constitutional political economy theory implies that systems of rights can emerge from different processes, but the rights that initially emerge tend to be unequal and to change through time. In some cases, rights may become more equal and universal, but not often. If rights are consequential, then understanding their origins and the political, economic, and cultural processes that generate and support them is obviously important. This paper reviews CPE theories that provide a logical basis for thinking about the origins and evolution of rights and provides evidence that democratic politics and open markets tend to support relatively equal, broad, and universal rights.