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Delineating the Proper Scope of Government: A Proper Task for a Constitutional Court?

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  • Christoph Engel

Abstract

The German Basic Law is open for an interpretation that would allow the constitutional court to test the normative adequacy of most statutes. If the court does, it could be modelled as the supervisor of the legislator, i.e., of the agent of the people. The model predicts collusion between the supervisor and the agent, or too little control. Actually, constitutional lawyers are concerned by the opposite, too much control. The article purports to solve the puzzle, and to put the principal agent model into a broader framework needed for normative recommendations.

Suggested Citation

  • Christoph Engel, 2001. "Delineating the Proper Scope of Government: A Proper Task for a Constitutional Court?," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 157(1), pages 187-219, March.
    • Handle: RePEc:mhr:jinste:urn:sici:0932-4569(200103)157:1_187:dtpsog_2.0.tx_2-x
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    References listed on IDEAS

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    1. Donald Boudreaux & A. Pritchard, 1994. "Reassessing the role of the independent judiciary in enforcing interest-group bargains," Constitutional Political Economy, Springer, vol. 5(1), pages 1-21, December.
    2. Anthony Downs, 1957. "An Economic Theory of Political Action in a Democracy," Journal of Political Economy, University of Chicago Press, vol. 65(2), pages 135-135.
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    More about this item

    JEL classification:

    • D79 - Microeconomics - - Analysis of Collective Decision-Making - - - Other
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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