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51.1 Parliamentarianism—the UK and Germany 51.1 Parliamentarianism—the UK and Germany
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51.1.1 UK: Common Law Parliamentarianism 51.1.1 UK: Common Law Parliamentarianism
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51.1.2 Germany: Written-Constitution Parliamentarianism 51.1.2 Germany: Written-Constitution Parliamentarianism
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51.2 France: Strong Presidentialism 51.2 France: Strong Presidentialism
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51.3 US: Separation-of-Powers Presidentialism 51.3 US: Separation-of-Powers Presidentialism
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51.4 Conclusions 51.4 Conclusions
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References References
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51 Administrative Law and Democracy
Get accessSusan Rose-Ackerman is Henry R. Luce Professor of Law and Political Science Emeritus at Yale University and Professorial Lecturer at Yale Law School
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Published:15 December 2020
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Abstract
This chapter focuses on important debates at the intersection of regulatory law, constitutional structure, technical competence, and public participation. It concentrates on the representative democracies that are at the heart of this volume. In such polities, delegation of policy-making authority to the executive branch is inevitable as the state confronts the social and economic problems of modern life. Statutory and constitutional language is incapable of eliminating policy discretion given the complexity of these problems and the need to respond quickly to changed circumstances. Such delegation, however, appears to violate democratic norms that view the legislature as the only source of legitimacy. Even in a system with a popularly elected president, executive-branch policy choices must confront the issue of democratic legitimacy. These choices may bear little or no relationship to promises made during the electoral campaign, and they may involve only minimal legislative involvement. Thus, although policy delegation is inevitable, it is also democratically problematic. To further the democratic credentials of executive policy-making, this chapter defends the use of administrative procedures that require transparency, citizens’ input, and public reason-giving.
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