Political Equality and Unintended Consequencesстатья из журнала
Аннотация: It is a familiar point that government regulation that is amply justified in principle may go terribly wrong in practice.Minimum wage laws, for example, appear to reduce employment. 1 Stringent regulation of new sources of air pollution may aggravate pollution problems, by perpetuating the life of old, especially dirty sources. 2 If government closely monitors the release of information, there may be less information. 3 Unintended consequences of this kind can make regulation futile or even self-defeating. 4 By futile regulation, I mean measures that do not bring about the desired consequences.By self-defeating regulation, I mean measures that actually make things worse from the standpoint of their strongest and most public-spirited advocates.We do not lack examples of both of these phenomena.It is unfortunate but true that current campaign finance laws may well provide more illustrations.Some campaign finance regulation is amply justified in principle.As we will see, there is no good reason to allow disparities in wealth to be translated into disparities in political power.A well-functioning democracy distinguishes between market processes of purchase and sale on the one hand and political processes of voting and reason-giving on the other.Government has a legitimate interest in ensuring not only that political liberties exist as a formal and technical matter, but also that those liberties have real value to the people who have them. 5 The achievement of political equality is an important constitutional goal.Nonetheless, many imaginable campaign finance restrictions would be fu-
Год издания: 1994
Авторы: Cass R. Sunstein
Издательство: Columbia Law School
Источник: Columbia Law Review
Другие ссылки: Columbia Law Review (HTML)
eYLS (Yale Law School) (PDF)
eYLS (Yale Law School) (HTML)
eYLS (Yale Law School) (PDF)
eYLS (Yale Law School) (HTML)
Открытый доступ: green
Том: 94
Выпуск: 4
Страницы: 1390–1390