NBER Working Paper No. 21765
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.
Document Object Identifier (DOI): 10.3386/w21765
Published: de Figueiredo, John M., and Jed Stiglitz (2017). “Democratic Rulemaking,” in ed. Francesco Parisi, Oxford Handbook on Law and Economics, Chapter 3, Volume 3: 37-58.
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