Administrative, Constitutional, and International Law

Public choice theory—the application of standard economics to the behavior of public officials and citizens—has long been criticized as mischaracterizing people’s motivations and behavior. The chapter analyzes how behavioral studies might contribute to a better understanding and developing of public law, including constitutional and administrative law. It critically discusses the behavioral analysis of governmental institutions and rule-making, citizens’ judgments and choices, and human rights (including issues in freedom of speech, the fight against terrorism, and affirmative action). Finally, the chapter critically examines recent behavioral analyses of public international law, the challenges they face, and the contributions they make.