Kroncke and Riegner, ‘Corporations’

ABSTRACT
Examining how different constitutional systems treat corporations, this work highlights the divergence in their approaches to the corporate form. Corporations wield significant power in modern society, yet constitutional discourse has often overlook them. The authors identify and analyze four ideal types of corporate constitutionalism: liberal, social-democratic, socialist-authoritarian, and postcolonial-transformative. Each model stems from distinct historical origins, conceptual paradigms, and ideological foundations, shaping the varying degrees to which corporations are recognized, regulated, and engaged within different legal frameworks. Finally, contemporary themes such as corporate rights, regulatory approaches, and the challenges posed by the mobility of corporations in a globalized world are explored.

Kroncke, Jedidiah J and Riegner, Michael, Corporations (April 1, 2020), Max Planck Encyclopedia of Constitutional Law, 2020.

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