By R.O. Zerbe, T. Swanson
"An advent to the legislation and Economics of Environmental coverage" emphasises the significance of institutional layout in addressing social difficulties. 3 vital concerns touching on institutional layout are: guidelines, tools, and enforcement. This quantity surveys all of the concerns, and emphasises the typical issues bobbing up in optimum institutional layout. those topics contain the price of advanced institutional layout, and the function of non-public associations reaching social gadgets. This publication could be relatively important to legislation colleges, departments of presidency, coverage or economics, environmental managers and insurance firms.
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Additional info for An introduction to the law and economics of environmental policy: issues in institutional design
The legislature does not wish to be overly precise because it wants the executive to be able to respond to changed conditions. However, when the executive does respond, the statute contains built-in procedures that require consultation with outside groups affected by any changes in the rules. For these reasons, Roger Noll (1989) argues that statutory environmental legislation in presidential systems can be expected to contain procedural rights. These may include, for example, prescriptions to make the rule-making process public and transparent, requirements for the agency to consult certain stakeholder groups during the rule-making process to ensure that “preferred” views are taken into consideration, obligations to provide strict evidentiary criteria and use of analytical tools such as policy analysis or cost-benefit analysis, and opportunities for judicial review of regulations – including granting of liberal legal standing rights for individuals and interest groups.
This is the key feature of freedom-of-information acts of this type. Those requesting the information do so as interested citizens; they do not have to explain why they want the information. The goal is to give those outside of government better access to the information and reasoning behind the internal decisions of the executive. 9 A demand may 1 2 3 4 5 6 7 8 9 10111 11 12 13 14 15 16 17 18 19 20111 21 22 23 24 25 26 27 28 29 30111 31 32 33 34 35 36 37 38 39 40111 The Aarhus Convention and the Politics of Process 31 also be refused if the information is not available, if a request is manifestly unreasonable, or if the request concerns material in the course of completion.
The authors contrast the administrative system of penalisation used in civil systems, such as in Germany. There the question of liability is a civil one, termed objectionable behaviour rather than moral guilt. The burden of proof is corresponding lightened. In addition, there is an entire ladder of potential penalties, ranging from informal warning to administrative fine. These lesser penalties, together with the lesser standard of guilt and proof, make it easier to deal with minor transgressions of the law.