Rulemaking, Participation and the Limits of Public Law in the United States and in Europe (Studies in Modern Law and Policy)

"Until now, rulemaking by administrative, quasi-administrative or even private bodies exercising administrative functions, has not received the attention it merits from legislators and academics, although it raises important issues concerning the citizen-state relationship. In this study the law and values of the law are extensively analyzed in the context of rulemaking. In particular, it is shown that the values of openness and participation can be applied to rulemaking in a way that greatly enhances its legitimacy. This has been recognized for some time in the USA but different traditions and cultures in Europe have meant that participation in rulemaking has been more piecemeal. This analysis examines in a comprehensive way the contemporary issue of participation in government in the perspective of public law and policy."--BOOK JACKET.