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Public interest theory

The public interest theory of regulation claims that government regulation acts to protect and benefit the public.

The public interest is "the welfare or well-being of the general public" and society. Regulation in this context means the employment of legal instruments (laws and rules) for the implementation of policy objectives.

Public interest theory competes for acceptance with public choice and regulatory capture in explaining regulation and its effects on public welfare.

In modern economies, resources are allocated mainly by markets. Ideally under certain market theories, this allocation is meant to be optimal, but the conditions necessary to achieve that optimum are frequently not present. In that case resource allocation is suboptimal, creating the possibility that some intervention could improve things. One such intervention is government regulation. Others include taxes/subsidies and improvements to education/infrastructure.

Public interest theory claims that government regulation can improve markets, compensating for imperfect competition, unbalanced market operation, missing markets and undesirable market outcomes. Regulation can facilitate, maintain, or imitate markets.

Public interest theory is a part of welfare economics. It emphasizes that regulation should maximize social welfare and that regulation should follow a cost/benefit analysis to determine whether the increased social welfare outweighs the regulatory cost.

The following costs can be distinguished:[citation needed]

Public interest theory developed from classical conceptions of representative democracy and the role of government. It presumes confidence in the civil service. According to Max Weber civil servants are to carry out their particular role or task within a strictly ordered and specialized hierarchy.[citation needed] The combination of merit and tenure with unambiguous norms of impartiality support rational decision making. Individual decisions must either be subsumed under norms or balance means and ends.[citation needed]

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