Courts, Regulators, and the Scrutiny of Economic Evidence
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Product details:
- Publisher OUP Oxford
- Date of Publication 16 September 2022
- ISBN 9780198851608
- Binding Hardback
- No. of pages272 pages
- Size 240x162x20 mm
- Weight 540 g
- Language English 498
Categories
Short description:
This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems.
MoreLong description:
Courts, Regulators, and the Scrutiny of Economic Evidence presents the first systematic examination of economic regulation and the crucial role of economic evidence in regulatory authorities and courts.
This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues the appropriate scope of judicial review in the era of regulatory economics, and what the optimal institutional response to the pervasiveness of economic evidence in regulation should be.
Building on comparative institutional analysis, this book rejects single-factor explanations, such as the individual knowledge of judges, in favour of a richer set of macro and micro-level factors that shape the relationships between courts and regulators. Mantzari argues that the 'recipe' for adjudicating economic evidence requires a balance in which a degree of epistemic diversity is introduced in courts, and deference is accorded to regulatory agencies on grounds of institutional competency.
The book combines theoretical, doctrinal, comparative, and empirical analysis and it is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.
Effective judicial review is necessary to ensure the legitimacy of modern systems of administrative law enforcement. In view of the increased complexity of cases brought before them, Courts have no choice but to truly engage with economic and scientific evidence, while ensuring the expediency of proceedings. The book of Prof Mantzari, one of the rising stars in the field, is a must read for anyone interested in the role of Courts. Very well researched, inter disciplinary and comparative: in short, an outstanding piece of modern legal scholarship.
Table of Contents:
Introduction
Unpacking Economic Evidence
Imperfect Alternatives: Actors and Processes for the Review of Economic Evidence in the US and the UK
Transforming Discretion
From 'Hard Look Review' to 'Thin Rationality' review: The US Courts' Response to Economic Evidence
The Institutional Response: Judicial Scrutiny of Economic Evidence at the UK Competition Appeal Tribunal
Towards a Complementary Relationship between the Court and the Regulatory Agency in the Realm of Utility Regulation
Epilogue
Courts, Regulators, and the Scrutiny of Economic Evidence
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