IDEAS home Printed from https://ideas.repec.org/p/sek/iacpro/10612466.html
   My bibliography  Save this paper

A Master of Two Servants: The Effect of Separation of Powers on Public Accountability and Social Welfare

Author

Listed:
  • Mordechai E. Schwarz

    (Department of Economics and Management, The Open University of Israel and Open University Institute for Policy Analysis)

Abstract

While history is abundant with authoritarian rulers who reluctantly delegated governance powers to other institutions, the intriguing question is why would democratic powerful rulers delegate powers voluntarily to (probably) contrarian institutions, and tolerate activism that impedes the implementation of their elections commitments. Based on Fiorina (1982) blame-deflection hypothesis, which postulates that politicians use the separation of powers principle as a shield against public criticism and accountability, I develop a principal-agent model that addresses Stephenson (2003) criticism and show that in subgame-perfect stationary equilibrium the principal is usually manipulated. I extend the model to embed memory, learning, and objective judiciary and show that the equilibria are preserved but social welfare is lower.

Suggested Citation

  • Mordechai E. Schwarz, 2020. "A Master of Two Servants: The Effect of Separation of Powers on Public Accountability and Social Welfare," Proceedings of International Academic Conferences 10612466, International Institute of Social and Economic Sciences.
  • Handle: RePEc:sek:iacpro:10612466
    as

    Download full text from publisher

    File URL: https://iises.net/proceedings/2020-international-academic-conference-prague/table-of-content/detail?cid=106&iid=023&rid=12466
    File Function: First version, 2020
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Mishra, Ajit & Anant, T.C.A., 2006. "Activism, separation of powers and development," Journal of Development Economics, Elsevier, vol. 81(2), pages 457-477, December.
    2. Péter Esö & Lucy White, 2004. "Precautionary Bidding in Auctions," Econometrica, Econometric Society, vol. 72(1), pages 77-92, January.
    3. Morris Fiorina, 1982. "Legislative choice of regulatory forms: Legal process or administrative process?," Public Choice, Springer, vol. 39(1), pages 33-66, January.
    4. Van Long, Ngo, 2013. "The theory of contests: A unified model and review of the literature," European Journal of Political Economy, Elsevier, vol. 32(C), pages 161-181.
    5. Anders Gustafsson, 2019. "Busy doing nothing: why politicians implement inefficient policies," Constitutional Political Economy, Springer, vol. 30(3), pages 282-299, September.
    6. Fratzscher, Marcel & Rime, Dagfinn & Sarno, Lucio & Zinna, Gabriele, 2015. "The scapegoat theory of exchange rates: the first tests," Journal of Monetary Economics, Elsevier, vol. 70(C), pages 1-21.
    7. Fiorina, Morris P, 1986. "Legislator Uncertainty, Legislative Control, and the Delegation of Legislative Power," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 2(1), pages 33-51, Spring.
    8. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    9. Laffont, Jean-Jacques, 2001. "Incentives and Political Economy," OUP Catalogue, Oxford University Press, number 9780199248681.
    10. Che, Yeon-Koo & Gale, Ian L, 1998. "Caps on Political Lobbying," American Economic Review, American Economic Association, vol. 88(3), pages 643-651, June.
    11. John Asker, 2000. "Bidding up, buying out and cooling-off: an examination of auctions with withdrawal rights," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 16(3), pages 585-611.
    12. Segendorff, Björn, 2000. "A Signalling Theory of Scapegoats," SSE/EFI Working Paper Series in Economics and Finance 406, Stockholm School of Economics.
    13. Gil S. Epstein & Shmuel Nitzan, 2007. "Endogenous Public Policy and Contests," Springer Books, Springer, number 978-3-540-74818-2, November.
    14. Torsten Persson & Gérard Roland & Guido Tabellini, 1997. "Separation of Powers and Political Accountability," The Quarterly Journal of Economics, Oxford University Press, vol. 112(4), pages 1163-1202.
    15. Geoffrey Brennan & Alan Hamlin, 1994. "A Revisionist View of the Separation of Powers," Journal of Theoretical Politics, , vol. 6(3), pages 345-368, July.
    16. Breton, Albert & Breton, Raymond, 1969. "An Economic Theory of Social Movements," American Economic Review, American Economic Association, vol. 59(2), pages 198-205, May.
    17. Eric Maskin & Jean Tirole, 2004. "The Politician and the Judge: Accountability in Government," American Economic Review, American Economic Association, vol. 94(4), pages 1034-1054, September.
    18. Konrad, Kai A & Schlesinger, Harris, 1997. "Risk Aversion in Rent-Seeking and Rent-Augmenting Games," Economic Journal, Royal Economic Society, vol. 107(445), pages 1671-1683, November.
    19. Hillman, Arye L & Katz, Eliakim, 1984. "Risk-Averse Rent Seekers and the Social Cost of Monopoly Power," Economic Journal, Royal Economic Society, vol. 94(373), pages 104-110, March.
    20. Matthew C. Stephenson, 2004. "Court of Public Opinion: Government Accountability and Judicial Independence," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 20(2), pages 379-399, October.
    21. Jean-Jacques Laffont & David Martimort, 1999. "Separation of Regulators Against Collusive Behavior," RAND Journal of Economics, The RAND Corporation, vol. 30(2), pages 232-262, Summer.
    22. Eyal Winter, 2001. "Scapegoats and Optimal Allocation of Responsibility," Discussion Paper Series dp266, The Federmann Center for the Study of Rationality, the Hebrew University, Jerusalem.
    23. Long, Ngo Van & Vousden, Neil J, 1987. "Risk-Averse Rent Seeking with Shared Rents," Economic Journal, Royal Economic Society, vol. 97(388), pages 971-985, December.
    24. Gillman, Howard, 2002. "How Political Parties Can Use the Courts to Advance Their Agendas: Federal Courts in the United States, 1875–1891," American Political Science Review, Cambridge University Press, vol. 96(3), pages 511-524, September.
    25. Laffont, Jean-Jacques & Meleu, Mathieu, 2001. "Separation of powers and development," Journal of Development Economics, Elsevier, vol. 64(1), pages 129-145, February.
    26. Stefan Voigt & Eli M. Salzberger, 2002. "Choosing Not To Choose: When Politicians Choose To Delegate Powers," Kyklos, Wiley Blackwell, vol. 55(2), pages 289-310, May.
    27. Moe, Terry M, 1990. "Political Institutions: The Neglected Side of the Story," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(0), pages 213-253.
    28. Cornes, Richard & Hartley, Roger, 2003. "Risk Aversion, Heterogeneity and Contests," Public Choice, Springer, vol. 117(1-2), pages 1-25, October.
    29. Schwarz Mordechai E., 2012. "Subgame Perfect Plea Bargaining in Biform Judicial Contests," Review of Law & Economics, De Gruyter, vol. 8(1), pages 297-330, September.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Mordechai E. Schwarz, 2023. "A master of two servants: lessons from the israeli experience about the effect of separation of powers on public accountability and social welfare," Constitutional Political Economy, Springer, vol. 34(1), pages 59-87, March.
    2. Mishra, Ajit & Anant, T.C.A., 2006. "Activism, separation of powers and development," Journal of Development Economics, Elsevier, vol. 81(2), pages 457-477, December.
    3. Lars P. Feld & Stefan Voigt, 2004. "Making Judges Independent – Some Proposals Regarding the Judiciary," CESifo Working Paper Series 1260, CESifo.
    4. Nicolas Treich, 2010. "Risk-aversion and prudence in rent-seeking games," Public Choice, Springer, vol. 145(3), pages 339-349, December.
    5. Jean-Daniel Guigou & Bruno Lovat & Nicolas Treich, 2017. "Risky rents," Economic Theory Bulletin, Springer;Society for the Advancement of Economic Theory (SAET), vol. 5(2), pages 151-164, October.
    6. Dickson, Alex & MacKenzie, Ian A. & Sekeris, Petros G., 2018. "Rent-seeking incentives in share contests," Journal of Public Economics, Elsevier, vol. 166(C), pages 53-62.
    7. Mordechai E. Schwarz, 2021. "Auctions with endogenous opting‐out fees and recursive winning procedures from the Talmud," International Journal of Economic Theory, The International Society for Economic Theory, vol. 17(4), pages 345-374, December.
    8. Stefan Voigt, 2011. "Positive constitutional economics II—a survey of recent developments," Public Choice, Springer, vol. 146(1), pages 205-256, January.
    9. Alex Dickson & Ian A. MacKenzie & Petros G. Sekeris, 2016. "Sharing contests with general preferences," Discussion Papers Series 573, School of Economics, University of Queensland, Australia.
    10. Johannes Münster, 2006. "Contests with an unknown number of contestants," Public Choice, Springer, vol. 129(3), pages 353-368, December.
    11. Fiorino, Nadia & Gavoille, Nicolas & Padovano, Fabio, 2015. "Rewarding judicial independence: Evidence from the Italian Constitutional Court," International Review of Law and Economics, Elsevier, vol. 43(C), pages 56-66.
    12. Antonio Estache & L. Wren-Lewis, 2008. "Towards a Theory of Regulation for Developing Countries: Following Laffont's Lead," Working Papers ECARES 2008_018, ULB -- Universite Libre de Bruxelles.
    13. Marco Sahm, 2010. "The Contest Winner: Gifted or Venturesome?," CESifo Working Paper Series 3285, CESifo.
    14. Shupp, Robert & Sheremeta, Roman M. & Schmidt, David & Walker, James, 2013. "Resource allocation contests: Experimental evidence," Journal of Economic Psychology, Elsevier, vol. 39(C), pages 257-267.
    15. Richard Cornes & Roger Hartley, 2012. "Risk aversion in symmetric and asymmetric contests," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 51(2), pages 247-275, October.
    16. Van Long, Ngo, 2013. "The theory of contests: A unified model and review of the literature," European Journal of Political Economy, Elsevier, vol. 32(C), pages 161-181.
    17. Constantina P. Tridimas & George Tridimas, 2020. "Is the UK Supreme Court rogue to un-prorogue Parliament?," European Journal of Law and Economics, Springer, vol. 49(2), pages 205-225, April.
    18. Schwarz Mordechai E., 2012. "Subgame Perfect Plea Bargaining in Biform Judicial Contests," Review of Law & Economics, De Gruyter, vol. 8(1), pages 297-330, September.
    19. Feltenstein, Andrew & Lagunoff, Roger, 2005. "International versus domestic auditing of bank solvency," Journal of International Economics, Elsevier, vol. 67(1), pages 73-96, September.
    20. Lagunoff, Roger, 2006. "Credible communication in dynastic government," Journal of Public Economics, Elsevier, vol. 90(1-2), pages 59-86, January.

    More about this item

    Keywords

    Constitution; Separation of Powers; Collusion; Asymmetric Information;
    All these keywords.

    JEL classification:

    • D71 - Microeconomics - - Analysis of Collective Decision-Making - - - Social Choice; Clubs; Committees; Associations
    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • P16 - Political Economy and Comparative Economic Systems - - Capitalist Economies - - - Capitalist Institutions; Welfare State

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sek:iacpro:10612466. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Klara Cermakova (email available below). General contact details of provider: https://iises.net/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.