Seongwook Heo, Public Law Theory and Public Policy (II): The Role of Administrative Adjudication from a Public Choice Theory Perspective, Public Law, Vol. 47, No. 2 (2018), pp. 247-268.
<Abstract>
In the process of judicial review in administrative law cases, the main source of authority is ‘the will of legislator’. If judges in charge of administrative law cases can find out the will of legislator through legislative interpretation, then the next step in judicial review is very easy. Judges can just follow the result of interpretation. However, the research outcome of public choice theory and economic theory of regulation is shading deep doubt on this simple understanding. In this paper, I reviewed the basic reasoning of public choice theory including Condorcet paradox and Arrow’s Impossibility theorem and Economic theory of regulation. Further after that, I introduced the three different perspectives on judicial review after considering the insights of those theories.
<Keywords>
Administrative law trial, Judicial review, Public choice thoery, Economic regulation, Public dispute
Seongwook Heo, Public Law Theory and Public Policy (II): The Role of Administrative Adjudication from a Public Choice Theory Perspective, Public Law, Vol. 47, No. 2 (2018), pp. 247-268.
<Abstract>
In the process of judicial review in administrative law cases, the main source of authority is ‘the will of legislator’. If judges in charge of administrative law cases can find out the will of legislator through legislative interpretation, then the next step in judicial review is very easy. Judges can just follow the result of interpretation. However, the research outcome of public choice theory and economic theory of regulation is shading deep doubt on this simple understanding. In this paper, I reviewed the basic reasoning of public choice theory including Condorcet paradox and Arrow’s Impossibility theorem and Economic theory of regulation. Further after that, I introduced the three different perspectives on judicial review after considering the insights of those theories.
<Keywords>
Administrative law trial, Judicial review, Public choice thoery, Economic regulation, Public dispute