Abstract

http://ssrn.com/abstract=2337459
 


 



Nudging Legally - On the Checks and Balances of Behavioural Regulation


Alberto Alemanno


HEC Paris; NYU School of Law

Alessandro Spina


University of Milan

October 8, 2013

International Journal of Constitutional Law, Volume 12, Issue 2, 2014 (Forthcoming)
Jean Monnet Working Paper, New York University School of Law, Volume 6, 2013

Abstract:     
As behavioural sciences are unearthing the complex cognitive framework in which people make decisions, policymakers seem increasingly ready to design behaviourally-informed regulations to induce behaviour change in the interests of the individual and society. After discussing what behavioural sciences have to offer to administrative law, this paper explores the extent to which administrative law may accommodate their findings into the regulatory process. After presenting the main regulatory tools capable of operationalizing behavioural insights, it builds a case for integrating them into public policymaking. In particular, this paper examines the challenges and frictions of behavioural regulation with regard both to established features of administrative law, such as the principle of legality, impartiality and judicial oversight and more innovative control mechanisms such as the use of randomized control trials to test new public policies. This analysis suggests the need to develop a legal framework capable of ensuring that behavioural considerations may inform the regulatory process while at the same time guaranteeing citizens' constitutional rights and freedoms vis-à-vis the Regulatory State.

Number of Pages in PDF File: 27

Keywords: behavioural sciences, administrative law, nudges, regulation, regulatory policy, policymaking, global administrative law, behavioural policy, impact assessment, randomized control trials, judicial review

JEL Classification: I12, I28, J18, K00, K20, K23, K32, M00

Accepted Paper Series


Download This Paper

Date posted: October 9, 2013 ; Last revised: November 9, 2013

Suggested Citation

Alemanno, Alberto and Spina, Alessandro, Nudging Legally - On the Checks and Balances of Behavioural Regulation (October 8, 2013). International Journal of Constitutional Law, Volume 12, Issue 2, 2014 (Forthcoming). Available at SSRN: http://ssrn.com/abstract=2337459

Contact Information

Alberto Alemanno (Contact Author)
HEC Paris ( email )
1 rue de la Libération
Jouy-en-Josas Cedex, 78351
France

NYU School of Law ( email )
Paris
France
Alessandro Spina
University of Milan ( email )
Via Festa del Perdono, 7
Milan, 20122
Italy
Feedback to SSRN


Paper statistics
Abstract Views: 2,047
Downloads: 666
Download Rank: 20,302

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.266 seconds