Administrative Procedure (original) (raw)
2017, Encyclopedia of Law and Economics
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.
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An informational perspective on administrative procedures
Journal of Law, Economics, and Organization, 1999
Plata and FIEL A number of scholars have identified the important role administrative procedures have in "structuring" the interest group environment of government agencies: determining who can participate and in what manner. Using a formal model, we analyze the incentives and outcomes that different procedural-and therefore interest group-environments generate. The model yields a number of important conclusions. First, because elected officials are concerned not only about distributional rents, but also informational ones, the use of procedures in some cases will result in worse outcomes for political principals on the policy dimension. Officials will be willing to bear the losses in exchange for informational gains. Second, under certain conditions, a politician is better off with a biased group monitoring the agency rather than a neutral one, since biased groups will subsidize a portion of the monitoring cost. Third, having multiple interest groups, including one in opposition to the politician, makes the political principal strictly better off than any other constellation of monitors, since competing interest groups will provide the greatest information at the lowest cost to the elected official.
Many a prominent social scientist argue that the administrative process is a collective term for all the sub-processes that fall within an accepted classification framework. It has taken long, however, to obtain a meaningful classification framework, and numbers of distinguished overseas authors have written of the administrative process and then discussed the widest diversity of the processes in their works; and it was only in 1967 that Professor J. J. N. Cloete in his book, Introduction of Public Administration, gave the most meaningful analytical framework which is the subject matter of this article.
Administrative Procedures and Processes
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A process-oriented approach sees public administration as an interconnection of information, communications, interactions and decisions. It establishes the process organisation that shows the state ‘in action’ and complements the administrative and personnel side of public administration. While the term administrative processes can be understood as a generic term for this procedural side of the administration, according to the German understanding, procedures are processes with which the administration works towards citizens and companies and in which these face the administration with their own rights. Characteristic of these procedures vis-à-vis persons outside the administration is a high degree of juridification by administrative procedure law. The legal status of the citizen vis-à-vis the administration is very strong in Germany. In recent years, also influenced by New Public Management thought, great efforts have been made to optimise the procedural side of public administrati...
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
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