This text looks at who makes the rules for public law and how they get made. It covers who participates in the rulemaking process and the limits on public law in the United States and Europe.
Contents:
Administrative rules: rules versus individual acts; the blurring of the distinction; rules that make law and rules that make policy. Administrative rule-making - the institutional framework: rule-making by the administration; rule-making by private entities; negotiated rule-making. The rule-making process and the public: open government; the public - individuals, interest groups and technical experts; general participation of the public in the rule-making process - the American notice-and-comment procedures and the European preference to ad hoc solutions; a contrast with the opportunities for participation in particular policy areas - the example of English and German planning; specific opportunities for public participation in rule-making;private regulation and public participation; comparative evaluation - the effectiveness of the existing system of participation, characteristics, problems and inefficiencies. Participation in rule-making - the contribution of the courts: United States; Germany; Greece; England; comparative evaluation - the effectiveness of different judicial review systems in enforcing public participation in rule-making. Participation in rule-making and constitutional theory: theoretical impediments prohibiting the incorporation of public participation in the constitutional systems examined; public participation as a means for enhancing legitimacy in government; the limits of participation.
