Cost–benefits analysis in public law
نویسندگان
چکیده
The subject-matter of the research is economic analysis in public law. This method evaluates both costs and benefits regulatory measures. When assessing alternatives, judges litigation take into account their side effects. If an economically effective alternative found, it should be ensured that imposes a minimal burden on rightholder or to third parties. purpose argue cost-benefits limited primarily field. Otherwise, personal, political, social rights can conferred with properties goods (commodification). methodology based approaches school “law economics”. Economic law makes possible construct scale constitutional values, albeit not uncontroversial, but universal. offers important advantage introducing proportionality for seemingly disparate individual freedoms interests. introduction material financial scales, including compensation even irreparable intangible goods, represents better solution than available alternatives. main results scope application. above-mentioned consists right-holders achieving common good. It necessary analyse challenged legal provision individuals. Then, governmental incurred using means reviewed. authorities incur excessive organisational from humane individual. Due objective constraint resources, future budgetary expenditures. In adjudication administrative litigation, cost-benefit most sphere. easier ensure measurability judicial review, usually monetary other terms. preparatory works, justification draft laws regulations, may serve as informational source reviewing legislative provisions acts which entail costs. applicable non-material Although such generated by regulators are often difficult assess A political At same time restrain itself expediency decisions actions. Conclusions. There danger being abused disadvantages this include devaluation values essential democracy. abstract good reducing expenditure will prevail over freedoms.
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ژورنال
عنوان ژورنال: Pravoprimenenie
سال: 2023
ISSN: ['2658-4050', '2542-1514']
DOI: https://doi.org/10.52468/2542-1514.2023.7(2).34-42