In the first part of the seminar we’ll discuss basic elements of economic analysis of public law, known as public choice theory. In our first meeting we’ll identify two distinct public choice theories—“a public interest” approach (aka Madisonianism or “republicanism”) vs. “public of interests” view (aka “pluralism”). Under the former, decision-makers should base their decisions on “public reason” (in the Rawlsian sense) rather than on self-interest. The aim of public law is to ensure that decision-making is based on impartial considerations. In contrast, the competing theory reflects a welfarist approach, under which the desired social decisions are those that maximize some social welfare function. In general, it endorses a decentralized approach, in which the social decision is achieved by aggregating the relevant persons’ interests and preferences. Accordingly, the aim of public law under this view is to ensure that decisions accurately aggregate the various interests of those affected. We will discuss the central normative and behavioral aspects of each of these theories. In subsequent meetings we will explore some of their implementations in pub
teacher profile teaching materials
After providing basic information on the conceptual tools used by the economic analysis of law, the following topics will be addressed: notion of public administration; foundations and optimal dimensions of the State; market failures and public intervention; the risks of an opposite state failure; the role of public administration in the context of collective action; the logic of bureaucratic behavior; the delegation of functions to the administration; the industrial organization of the administration; the action tools of the public administration; techniques for regulating administrative activity; the functioning of the judicial review.
Further materials will be made available to those attending classes.
Programme
The course is focused on the economic analysis of public and administrative law.After providing basic information on the conceptual tools used by the economic analysis of law, the following topics will be addressed: notion of public administration; foundations and optimal dimensions of the State; market failures and public intervention; the risks of an opposite state failure; the role of public administration in the context of collective action; the logic of bureaucratic behavior; the delegation of functions to the administration; the industrial organization of the administration; the action tools of the public administration; techniques for regulating administrative activity; the functioning of the judicial review.
Core Documentation
G. Napolitano - M. Abrescia, Analisi economica del diritto pubblico, Il Mulino, Bologna, 2009.Further materials will be made available to those attending classes.
Type of evaluation
The exam will take place in oral form. For those attending classes it will be possible to take intermediate written tests.