Courts, Regulators, and the Scrutiny of Economic Evidence

Courts, regulators, and the scrutiny of economic evidence explores the influence of economic evidence on regulatory decisions and the limits of judicial review. It argues for a balance between epistemic diversity and deference to regulatory agencies based on institutional competency. The book is written for a wide audience and combines theoretical, doctrinal, comparative, and empirical analysis.

Format: Hardback
Length: 272 pages
Publication date: 16 September 2022
Publisher: Oxford University Press

Courts, regulators, and the scrutiny of economic evidence presents the first comprehensive examination of economic regulation and the indispensable 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 a comparative examination of both the UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues for the appropriate scope of judicial review in the era of regulatory economics and what the optimal institutional response to the pervasive presence 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 favor 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 is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.

Courts, regulators, and the scrutiny of economic evidence presents the first comprehensive examination of economic regulation and the indispensable 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 a comparative examination of both the UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues for the appropriate scope of judicial review in the era of regulatory economics and what the optimal institutional response to the pervasive presence 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 favor 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 is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.

Weight: 536g
Dimension: 165 x 241 x 22 (mm)
ISBN-13: 9780198851608