Rulemaking, participation and the limits of public law in the USA and Europe

Author(s)

    • Ziamou, Theodora TH.

Bibliographic Information

Rulemaking, participation and the limits of public law in the USA and Europe

Theodora TH. Ziamou

(Studies in modern law and policy)

Ashgate, c2001

Available at  / 8 libraries

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Note

Includes bibliographical references (p. 253-270)

Description and Table of Contents

Description

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.

Table of 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.

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Details

  • NCID
    BA52379124
  • ISBN
    • 0754621790
  • Country Code
    uk
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    Aldershot
  • Pages/Volumes
    xxxvii, 270 p.
  • Size
    23 cm
  • Parent Bibliography ID
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