The perspective of law

Research output: Chapter in Book/Report/Conference proceedingChapter


The enlightened conception of the separation of powers holds that law should be made by the legislature, interpreted by the judiciary, and enforced by the executive branch of government. Public choice theory provides a solid foundation for the appraisal of this traditional formula. The findings of public choice theory, while supporting much of the traditional wisdom, pose several challenges to the theoretical foundations of these constitutional principles. In the following pages, I shall revisit these important questions considering the issue of institutional design through the lenses of public choice theory.

Original languageEnglish (US)
Title of host publicationReadings in Public Choice and Constitutional Political Economy
EditorsC. K. Rowley, F. Schneider
PublisherSpringer US
Number of pages37
ISBN (Print)9780387745749
StatePublished - 2008


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