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dc.contributor.authorPosner, Eric A.
dc.contributor.authorVermeule, Cornelius Adrian
dc.date.accessioned2013-12-06T15:49:50Z
dc.date.issued2007
dc.identifier.citationEric A. Posner & Adrian Vermeule, The Credible Executive, 74 U. Chi. L. Rev. 865 (2007).en_US
dc.identifier.issn0041-9494en_US
dc.identifier.urihttp://nrs.harvard.edu/urn-3:HUL.InstRepos:11357453
dc.description.abstractLegal and constitutional theory has focused chiefly on the risk that voters and legislators will trust an ill-motivated executive. This paper addresses the risk that voters and legislators will fail to trust a well-motivated executive. Absent some credible signal of benign motivations, voters will be unable to distinguish good from bad executives and will thus withhold discretion that they would have preferred to grant, making all concerned worse off. We suggest several mechanisms with which a well-motivated executive can credibly signal his type, including independent commissions within the executive branch; bipartisanship in appointments to the executive branch, or more broadly the creation of domestic coalitions of the willing; the related tactic of counter-partisanship, or choosing policies that run against the preferences of the president's own party; commitments to multilateral action in foreign policy; increasing the transparency of the executive's decisionmaking processes; and a regime of strict liability for executive abuses. We explain the conditions under which these mechanisms succeed or fail, with historical examples.en_US
dc.language.isoen_USen_US
dc.publisherUniversity of Chicago Pressen_US
dc.relation.isversionofhttp://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/74.3/74_3_Posner_Vermeule.pdfen_US
dc.relation.hasversionhttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=931501en_US
dash.licenseMETA_ONLY
dc.titleThe Credible Executiveen_US
dc.typeJournal Articleen_US
dc.description.versionVersion of Recorden_US
dc.relation.journalUniversity of Chicago Law Reviewen_US
dash.depositing.authorVermeule, Cornelius Adrian
dash.embargo.until10000-01-01
dash.contributor.affiliatedVermeule, Cornelius


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