NCJ Number
132905
Date Published
1991
Length
159 pages
Annotation
This book aims at a balanced appraisal of public-choice theory, which pertains to the process of public policymaking, and some of its implications for the American legal system.
Abstract
In a review of some of the findings of public-choice theory, the book first discusses the role of interest groups and abstract studies of decisionmaking procedures. The discussion focuses on those aspects of public-choice theory that have potential application to legal issues. The remainder of the book explores some of these applications. One chapter addresses proposals that constitutional law be radically modified, and another discusses the possible applications of public-choice theory to problems of statutory interpretation. The discussion in the epilogue moves away from the specific findings and premises of public-choice theory to consider how some of its general implications might help judges in deciding difficult cases. This does not involve a true "application" of public choice. Rather, public choice, with its emphasis on the importance of institutional structures, is used as a source of inspiration for the resolution of some difficult court cases. Chapter footnotes and a subject index