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Ex Ante Evaluation Of Legislation Torn Among Its Rationales

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Chapter Summary

This chapter tries to structure the discussion of ex ante evaluation of legislation by starting with the fundamentals, that is to say the rationales for introducing ex ante evaluations in the first place. It is concerned with ex ante evaluation of legislation as an institution or regime, and not with individual evaluations in specific instances. After briefly setting out a descriptive definition of ex ante evaluation of legislation, the chapter examines a series of potential rationales for ex ante evaluation, trying to ascertain how useful they are to explain ex ante evaluations and to work some of their main implications for the conduct of such evaluations. A number of mainstream rationales, typically alluded to in the literature and in policy documents, come first. They are followed by more complex rationales based on specific strands of economic theory and so-called deviant rationales, which have explanatory force but are not necessarily desirable.

Keywords: deviant rationales; economic theory; economics-based rationales; ex ante evaluation of legislation; law-based rationales; mainstream rationales



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