Comparative legal analysis types of administrative procedure (original) (raw)
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The Rulemaking Procedure – Definition, Concepts and Public Participation
DANUBE: Law and Economics Review, 2015
The importance of delegated legislation is growing in both the quantitative and qualitative sense. Under the American system, the so-called division of rulemaking authority between the legislative and executive branch was resolved at a very early juncture and in a highly pragmatic manner by applying the fundamental principles of the legislative procedure to the level of the rulemaking procedure, which primarily implies the transparency and openness of the latter. Conversely, Continental Europe did not develop a general theory of public participation which could provide a basis for the search for solutions to the situation. The purpose of this paper is to present different concepts of the rulemaking procedure and discuss the question of public participation. We conclude that, as the quantity and complexity of societal relationships grow, it is fruitful to use the so-called problem-solving model of the rulemaking procedure as a starting point for its procedural arrangement. This allow...
University of Pennsylvania Law Review, 1970
Few complaints about administrative law are pressed more insistently than the charge that the administrative process is "overjudicialized."1 Although discordant notes to the contrary are sometimes heard,' the dominant chord of criticism has long been that administrative agencies have become too attached to judicial forms of proceeding, particularly when formulating policy rules and standards. The suggestion has been made that to improve agency performance, policy-making and judicial functions should be separated and allocated to different agencies.' However, institutional separation has thus far won few supporters." Nevertheless, there continues to be widespread concern that agencies tend to subordinate broad policy planning to
Encyclopedia of Law and Economics, 2017
This chapter examines the economics of administrative procedure and shows how law and economics insights can be used to understand fundamental features of administrative procedure. Moreover, it offers a survey of law and economics literature on administrative procedure and addresses three general aspects of administrative procedure. The first is the administrative decisions and access to information. The second general aspect is administrative procedure and agency capture problem. The third general aspect addressed in this chapter is the issue of administrative procedure and international trade. Definition Administrative procedure is a set or system of rules that govern the procedures of public bodies for managing organizing bureaucratic actions inside bureaucracies and in their interactions with private parties. These procedures are generally meant to establish efficiency, consistency, responsibility, and accountability.
Administrative Terminology and the Administrative Procedure Act
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Administrative Procedures and Bureaucratic Performance: Is Federal Rule-making Ossified?
Journal of Public Administration Research and …, 2010
We provide the first empirical assessment of the ossification thesis, the widely accepted notion that procedural constraints on federal agencies have greatly hindered the ability of those agencies to formulate policy through notice and comment rule-making. Using data that cover all active federal rule-writing agencies from 1983 to 2006, our results largely disconfirm the ossification thesis. Agencies appear readily able to issue a sizeable number of rules and to do so relatively quickly. Indeed, our empirical results suggest that procedural constraints may actually speed up the promulgation of rules, though our model suggests that this positive effect may decline, or even reverse, as proposed rules age. We conclude that procedural constraints do not appear to unduly interfere with the ability of federal agencies to act, or in most cases, to act in a timely manner. Have procedural constraints on federal agency autonomy unduly hindered the ability of federal agencies to regulate in the public interest or to regulate in a timely manner? Scholars working in the fields of public administration, administrative law, and political science routinely assert that the federal regulatory process is broken (Seidenfeld 1999, 429). These scholars present what we call the ''ossification thesis''-the widely accepted notion that procedural constraints imposed on federal agencies by the president, Congress, and the courts have had the undesirable side effect of making the federal regulatory process so burdensome and inefficient that federal agencies now routinely promulgate important regulations only after significant delay (
Codification of Administrative Procedure
The Lawyer Quarterly, 2012
The original regulation of administrative procedure stems from the Austrian administrative and legal tradition. Legislation was substantially "complemented" by case-law until 1948 (the Supreme Administrative Court) and has been again since 1992 (the restoration of administrative justice was completed in 2003; so-called substantial resolutions of the Extended Panel of the Supreme Administrative Court have been particularly significant). Another crucial point having a significant impact upon the development of the Czech legal order was the prospect of membership in the European Union, and later the accession to the EU itself.