Law and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts.
Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively.
--------------------------------------------------------------------------------
Contents: Introduction: Making Sense of the State: A Political Economy Approach Part I: How to Shape a Democratic State: The Informational Constraint Part II: How to Control a Democratic State: The Legal Constraint Part III: The State at Work: Regulation and Public Policies under Informational and Legal Constraints Index Contributors: J. Backhaus, C. Barrère, L. Dudley, N. Elkin-Koren, P. Figini, B.S. Frey, S. Harnay, M.J. Holler, J.-M. Josselin, S. Luechinger, A. Marciano, L. Onofri, D. Porrini, G.B. Ramello, E.M. Salzberger, F.H. Stephen, G. van Wangenheim, S. Voigt, M. Wohlgemuth
