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11 Geo. J.L. & Pub. Pol'y 317 (2013)
The Right to Good Faith: How Crony Capitalism Delegitimizes the Administrative State

handle is hein.journals/geojlap11 and id is 333 raw text is: The Right to Good Faith: How Crony Capitalism Delegitimizes the Administrative State JASON BRENNAN* People subject to the coercive rule of government have at least a prima facie right to be governed competently and in good faith. Governmental power is legitimate and authoritative only when exercised by a competent body that makes decisions competently and in good faith. Crony capitalism, bailouts, and rent-seeking show that certain governments, such as the United States federal government, systematically violate citizens' rights to competence and good faith. Citizens in those regimes have a right to a more limited scope for government control over the economy. I. GOVERNMENT BEHAVIOR AND THE SCOPE OF GOVERNMENT . . . . . . . . 318 II. LEGITIMACY AND AUTHORITY ............................ 319 III. THE JURY ARGUMENT FOR COMPETENCE AND GOOD FAITH ........ 320 IV. GENERALIZING THE COMPETENCE PRINCIPLE .................. 322 V. THE COMPETENCE PRINCIPLE IN CONTEXT .................... 324 VI. THE COMPETENCE PRINCIPLE AS A LIMIT ON THE SCOPE OF GOVERNMENT ....................................... 326 VII. CRONY CAPITALISM AND THE ADMINISTRATIVE STATE ........... 327 A. Crony Capitalism Violates the Competence Principle ...... . 328 B. Why the Administrative State Often Causes Crony Capitalism ..................................... 329 C. The High Costs of Crony Capitalism .................. 332 VIII. MoRE THAN MERE COST-BENEFIT ANALYSIS ................. 333 317 * Assistant Professor, McDonough School of Business, Georgetown University. @ 2013, Jason Brennan.

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