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Full-Text Articles in Social and Behavioral Sciences

Államelmélet És Játékelmélet. Mirõl Szól Az Alkotmány Közgazdaságtana? [Game Theory And The Theory Of The State. An Outline Of Constitutional Economics], Peter Cserne Sep 2005

Államelmélet És Játékelmélet. Mirõl Szól Az Alkotmány Közgazdaságtana? [Game Theory And The Theory Of The State. An Outline Of Constitutional Economics], Peter Cserne

Péter Cserne

A large number of central theoretical problems of modern Western states can be epitomised in a three-cornered dilemma, i.e. a situation where a choice has to be made among three potentially incompatible principles. To the tension between democracy and constitutionalism (popular participation and constitutional constraints) the goal of efficient decision-making adds a third dimension. Constitutional economics is interpreted here as an analytical approach to law, state and politics, based on rational choice theory. It endeavours both an explanatory and a justificatory task. By offering methodological tools for the economic analysis of constitutional law and for political philosophy, rational choice theory …


The Opacity Of Transparency, Mark Fenster Dec 2004

The Opacity Of Transparency, Mark Fenster

Mark Fenster

The normative concept of transparency, along with the open government laws that purport to create a transparent public system of governance promise the world—a democratic and accountable state above all, and a peaceful, prosperous, and efficient one as well. But transparency, in its role as the theoretical justification for a set of legal commands, frustrates all parties affected by its ambiguities and abstractions. The public’s engagement with transparency in practice yields denials of reasonable requests for essential government information, as well as government meetings that occur behind closed doors. Meanwhile, state officials bemoan the significantly impaired decision-making processes that result …