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Forum Paper Title: Decision Theory and the Efficacy
of Judicial Review of Government Actions (Full
text | Abstract *)
Description of Forum Paper:
Government decisions by parliament, administrative bodies and courts
are presented in verbal form. While no objection against this should be raised
regarding the description of the relevant factors, verbal computation of
predictions and value-judgments is prone to bias-related errors. Moreover, the
commonly used verbal heuristics fails to meet legal requirements with regard to
transparency. The paper discusses the severe limits the verbal presentation
form brings about for the efficacy of judicial review of government actions,
and conjectures how they could be overcome by employing numerical decision
procedures like cost-benefit analysis (CBA).
Biography:
Ekkehard Hofmann is a Visiting Scholar at NYU School of Law and a
Fellow with the German Science Foundation. He has been an Assistant Professor
of Law in the Law Department of the University of Hamburg since 1998 where
received his Ph.D. in law in 1997. His fields of interests include law and
economics, the philosophy of law, and environmental law. He is currently
pursuing projects on numerical decision procedures such as cost-benefit
analysis as a heuristic for making and reviewing government
decisions. |
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