How much do fundamental rights cost? Cover Image

Cât costă drepturile fundamentale?
How much do fundamental rights cost?

Author(s): Constantin Valentin
Subject(s): Politics / Political Sciences
Published by: Centrul de Studii Internationale
Keywords: fundamental rights; constitutional rights; criminal procedures; costs; efficiency; incremental growth

Summary/Abstract: The article analyses, from an economic perspective, the manner in which two constitutional rights work in our country: the presumption of legality of the assets owned by a person and the right to free counsel in criminal proceedings. The presumption of legality is a fundamental right not present in other constitutions and that has been compared to the presumption of innocence. The right itself is a powerful obstacle in controlling the provenance of assets. There are hard to estimate social costs implicit in respecting such a right. The right to free counsel is an example of inefficiency caused by costs. The conclusion is that it is difficult to assure efficiency in regard to these rights and this goal can be achieved only through a process of incremental growth.

  • Issue Year: 10/2014
  • Issue No: 3
  • Page Range: 14-19
  • Page Count: 6
  • Language: Romanian