Book contents
- Incomprehensible!
- Incomprehensible!
- Copyright page
- Dedication
- Contents
- Figures
- Table
- Boxes
- Acknowledgments
- Part I The Concept
- Part II Application
- 4 Comprehension Asymmetries in Consumer Protection Law
- 5A Comprehension Asymmetries in Financial Regulation
- 5B Comprehension Asymmetries in the Law of Patents
- 5C Comprehension Asymmetries in Chemical Regulation
- 6 Comprehension Asymmetries in Administrative Process
- 7 Comprehension Asymmetries in Legislative Process
- Part III Reform
- Notes
- Bibliography
- Index
6 - Comprehension Asymmetries in Administrative Process
from Part II - Application
Published online by Cambridge University Press: 21 June 2019
- Incomprehensible!
- Incomprehensible!
- Copyright page
- Dedication
- Contents
- Figures
- Table
- Boxes
- Acknowledgments
- Part I The Concept
- Part II Application
- 4 Comprehension Asymmetries in Consumer Protection Law
- 5A Comprehension Asymmetries in Financial Regulation
- 5B Comprehension Asymmetries in the Law of Patents
- 5C Comprehension Asymmetries in Chemical Regulation
- 6 Comprehension Asymmetries in Administrative Process
- 7 Comprehension Asymmetries in Legislative Process
- Part III Reform
- Notes
- Bibliography
- Index
Summary
The legitimacy of administrative process is advanced in part by accountability processes that involve robust stakeholder participation. Yet empirical studies reveal that the administrative state is becoming increasingly inhospitable to meaningful engagement by some stakeholders, due in part to the size and complexity of the rulemaking process. This chapter argues that at least part of the blame for the resulting incomprehensible rules can be attributed to the design of administrative process itself. Despite its commitment to accountability and participation, there are few-to-no requirements to ensure that rulemaking deliberations involve cooperative communication. Indeed, there are a number of ways that legal requirements tacitly encourage incomprehensibility in legal filings and communications. After discussing the problems with this legal design and the resultant implications for the goals of administrative process, the chapter concludes with proposals for reform.
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- Incomprehensible!A Study of How our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It, pp. 158 - 203Publisher: Cambridge University PressPrint publication year: 2019