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24 Mich. St. Int'l L. Rev. 1 (2015-2016)

handle is hein.journals/mistjintl24 and id is 1 raw text is: 


                           Tanya Kapoor*

  Although privatization has exerted a stronghold over economic policy,
several countries have cycled back and forth between privatization and
nationalization. In several Latin American countries, governments have
conducted  a  round  of privatization followed by  expropriation and
nationalization. By contrast, in the  United Kingdom,   privatization-
nationalization cycles are less common, and private property rights are
more  likely to remain entrenched. This Article analyzes privatization and
nationalization-and   by extension, private property  rights from  a
comparative  constitutional perspective. Through analyzing rounds  of
privatizations in three countries Argentina, Mexico, and the UK-this
Article  argues  that  two   constitutional mechanisms   impact   the
privatization-nationalization cycle: executive power  and  legislative
entrenchment. Large  grants of executive power and a lack of legislative
entrenchment  can allow  governments  to swiftly alter private property
rights, shifting economic regimes from privatization to nationalization.
Thus, this Article suggests that privatizing nations curb executive power
and   entrench  legislation to advance  private property  rights. By
establishing constitutional safeguards  on  executive and  legislative
power,  privatizing governments  are more  likely to promote  private
property rights, entrench privatization, and foster economic development
in their countries.

      *  Yale Law School, J.D. expected 2016; University of Maryland, B.S. & B.S.
2013. I am indebted to Professors Steven Calabresi and Akhil Amar, whose teaching
inspired this project, and to my parents, Shiv and Aarti Kapoor, for encouraging me to
publish. My deepest thanks also extend to Kristian Sooklal, who read a copy of this
Article before it was published. This Article is a byproduct of the tremendous support and
guidance I received from Kyla Barranco, Simone Fabiilli, and the editors of the Michigan
State International Law Review. Lastly, I dedicate this Article to my sister, Divya
Kapoor, who inspires me every day.

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