Demos and Agora
Chapter 10: The ascent of a new and efficient public law
Economic analysis redefines the scope of public law. This legal branch aims at creating an optimal system for non-consensual institutions that serves the efficient pursuit of social welfare by using various forms of action. Efficiency is a key concept to assess public action, to improve the definition of legality and to redesign institutions and procedures. This new, “wannabe efficient” public law contributes to the evolution of liberal democracy. It ensures that collective choices are not only “representative” and “lawful” but also technocratically “optimal”. It renders paternalism more moderate and libertarian and adopts a holistic view on liberalism. In sum, economic analysis is valuable for better understanding both the modern State and the markets, (the Demos and the Agora) and the rules that regulate them in a global, competitive arena for legal institutions.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.