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Procedural Safeguards For Agency Guidance: A Source Of Legitimacy For The Administrative State, Jessica Mantel
Procedural Safeguards For Agency Guidance: A Source Of Legitimacy For The Administrative State, Jessica Mantel
Jessica Mantel
Administrative agencies increasingly announce important policies through guidance documents. While agency guidance can have a profound impact on individuals’ behavior, generally agencies promulgate guidance with little public input and few procedural safeguards. Through the use of guidance agencies thus can circumvent the procedural protections applicable to other forms of administrative rulemaking that ensure the legal, economic, and political soundness of agencies’ policies. Although a number of commentators have debated the merits of procedural reform for agency guidance, largely overlooked is the potential for procedural safeguards to enhance the legitimacy of the administrative state.
Procedural requirements oblige agencies to adhere to …
Procedural Safeguards For Agency Guidance: A Source Of Legitimacy For The Administrative State, Jessica Mantel
Procedural Safeguards For Agency Guidance: A Source Of Legitimacy For The Administrative State, Jessica Mantel
Jessica Mantel
Administrative agencies increasingly announce important policies through guidance documents. While agency guidance can have a profound impact on individuals’ behavior, generally agencies promulgate guidance with little public input and few procedural safeguards. Through the use of guidance agencies thus can circumvent the procedural protections applicable to other forms of administrative rulemaking that ensure the legal, economic, and political soundness of agencies’ policies. Although a number of commentators have debated the merits of procedural reform for agency guidance, largely overlooked is the potential for procedural safeguards to enhance the legitimacy of the administrative state.
Procedural requirements oblige agencies to adhere to …