Book contents
- The Cambridge Handbook of Constitutional Theory
- The Cambridge Handbook of Constitutional Theory
- Copyright page
- Contents
- Figures
- Contributors
- Frontispiece
- Preface and Acknowledgements
- 1 Introduction
- Part I Values
- Part II Modalities
- Part III Institutions
- Part III. A The State
- Part III. B The Executive
- 37 Presidentialism, Parliamentarism, and Their Hybrids
- 38 Prerogative
- 39 The Administrative State
- 40 Executive Rulemaking
- Part III. C The Democratic System
- Part III D The Legal System
- Part III E The Global System
- Part IV Challenges for Constitutional Democracy
- Bibliography
- Index
- References
40 - Executive Rulemaking
from Part III. B - The Executive
Published online by Cambridge University Press: 27 March 2025
- The Cambridge Handbook of Constitutional Theory
- The Cambridge Handbook of Constitutional Theory
- Copyright page
- Contents
- Figures
- Contributors
- Frontispiece
- Preface and Acknowledgements
- 1 Introduction
- Part I Values
- Part II Modalities
- Part III Institutions
- Part III. A The State
- Part III. B The Executive
- 37 Presidentialism, Parliamentarism, and Their Hybrids
- 38 Prerogative
- 39 The Administrative State
- 40 Executive Rulemaking
- Part III. C The Democratic System
- Part III D The Legal System
- Part III E The Global System
- Part IV Challenges for Constitutional Democracy
- Bibliography
- Index
- References
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.
Keywords
- Type
- Chapter
- Information
- The Cambridge Handbook of Constitutional Theory , pp. 698 - 719Publisher: Cambridge University PressPrint publication year: 2025