Chapter of Book
This paper examines to what extent agency rulemaking is democratic. It reviews theories of administrative rulemaking in light of two normative benchmarks: a “democratic” benchmark based on voter preferences, and a “republican” benchmark based on the preferences of elected representatives. It then evaluates how the empirical evidence lines up in light of these two approaches. The paper concludes with a discussion of avenues for future research.
John M. de Figueiredo & Edward H. Stiglitz, Democratic Rulemaking, in Oxford Handbook of Law and Economics (forthcoming)
Library of Congress Subject Headings
Administrative law, Administrative procedure, Democracy, Representative government and representation