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40 - Executive Rulemaking

from Part III. B - The Executive

Published online by Cambridge University Press:  27 March 2025

Richard Bellamy
Affiliation:
University College London
Jeff King
Affiliation:
University College London
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Summary

Governments and regulatory agencies make policy through a range of instruments from soft-law guidelines and executive orders to executive rules with the force of law. Based on her book, Democracy and Executive Power, Susan Rose-Ackerman’s essay highlights the link between cross-country differences in rulemaking practices and underlying constitutional frameworks. Based on the US, the UK, Germany, and France, the chapter illustrates how these countries’ disparate constitutional structures help to explain their divergent rulemaking practices. She stresses the existence of policymaking accountability under the rulemaking provisions of the US APA and its absence from the other cases. Nevertheless, whatever the legal framework, the author argues that bureaucrats should take account of outside input as they implement statutory language to make policy choices. The organization of the executive branch should encourage public input and promote bureaucratic competence. Contemporary pressures may indeed be moving all of these countries toward more accountable procedures – not just to protect individual rights but also to enhance the democratic legitimacy of executive rulemaking.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2025

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References

Recommended Reading

Broeksteeg, H., Verhey, L., & Van den Driessche, I., eds. (2008). Political Accountability in Europe: Which Way Forward? Groningen: Europa Law Publishing.Google Scholar
Carpenter, D. & Moss, D. A. eds. (2014). Preventing Regulatory Capture, Cambridge: Cambridge University Press.Google Scholar
Eifert, M. (2014). Conceptualizing Administrative Law–Legal Protection Versus Regulatory Approach. In Pünder, H. and Waldhoff, C., eds., Debates in German Public Law. Oxford: Hart, pp. 203218.Google Scholar
Harlow, C. (2002). Accountability in the European Union. In Alston, P. and de Witte, B., eds., Collected Courses of the Academy of European Law. Oxford: Oxford University Press.Google Scholar
Kagan, E. (2001). Presidential Administration. Harvard Law Review, 114 (8), 22452319.CrossRefGoogle Scholar
Mashaw, J. L. (2018). Reasoned Administration and Democratic Legitimacy, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
McCubbins, M. D., Noll, R. G., & Weingast, B. (1987). Administrative Procedures as Instruments of Political Control. Journal of Law, Economics and Organization, 3 (2), 243277.Google Scholar
Nicholas, B. (1970). Loi, Règlement and Judicial Review in the Fifth Republic. Public Law, 1970, 251276.Google Scholar
Reitz, J. C. (2006). Political Economy and Separation of Powers. Transnational Law & Contemporary Problems, 15 (2), 579625.Google Scholar
Rose-Ackerman, S. (2021). Democracy and Executive Power: Policymaking Accountability in the US, the UK, Germany, and France, New Haven: Yale University Press.CrossRefGoogle Scholar
Rose-Ackerman, S., Egidy, S. & Fowkes, J. (2015). Due Process of Lawmaking: The United States, South Africa, Germany, and the European Union, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Rose-Ackerman, S., Lindseth, P., & Emerson, B., eds. (2017). Comparative Administrative Law. Cheltenham: Edward Elgar, pp. 284301.CrossRefGoogle Scholar
Rose-Ackerman, S. & Perroud, T. (2014). Policymaking and Public Law in France: Public Participation, Agency Independence, and Impact Assessment. The Columbia Journal of European Law, 19 (2), 225312.Google Scholar
Ruffert, M., ed., (2007). The Transformation of Administrative Law in Europe, Munich: Sellier.Google Scholar
Shane, P. M. (2009). Madison’s Nightmare: How Executive Power Threatens American Democracy, Chicago: University of Chicago Press.CrossRefGoogle Scholar
Strauss, P. L. (2007). Overseer or “the Decider”? The President in Administrative Law. George Washington Law Review, 75 (4), 696760.Google Scholar

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