The course aims to address some fundamental issues of public law from the perspective of economic analysis of law. Indeed, rational choice and game theories can usefully explain not only the typical market trends, which have long been the target of economic analysis of private law, but they can also explain strategic conducts by citizens, political and institutional actors in the public sphere. Moreover, thanks to the many applications and examples of positive law, the course intends to analyze the foundations of this approach and to outline the contribution that it can provide for a deeper understanding of some of the main issues of modern constitutionalism and for the functioning of public agencies.
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.
Mutuazione: 21810481 ANALISI ECONOMICA DEL DIRITTO in Amministrazioni e Politiche Pubbliche LM-63 PALAZZO DAVIDE
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.