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Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan
Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan
Donald J. Kochan
The requirement that agencies give reasons for their actions and in support of their interpretations in administrative law serves important Rule of Law values. It forces agencies to consider how and whether their actions can be justified and provides a means of accountability, allowing the public to judge the agency actions by the reasons offered. One of the areas where reason-giving is most debated is in the face of a new administration that seeks to alter, amend, or repeal a rule that has already gone through the strenuous notice and comment rulemaking process. Administrative law allows such changes so long …