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The Perspective of Law

In: Readings in Public Choice and Constitutional Political Economy

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  • Francesco Parisi

Abstract

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.

Suggested Citation

  • Francesco Parisi, 2008. "The Perspective of Law," Springer Books, in: Readings in Public Choice and Constitutional Political Economy, chapter 15, pages 227-263, Springer.
    • Handle: RePEc:spr:sprchp:978-0-387-75870-1_15
    DOI: 10.1007/978-0-387-75870-1_15
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