Rules For Rulemaking
Most modern rulemaking regimes have a common law tradition or a specific basic law that essentially regulates the regulators, subjecting the rulemaking process to standards of due process, transparency, and public participation.
- In the United States, the governing law for federal rulemaking is the Administrative Procedure Act of 1946. Separate states often have parallel systems.
- Commonwealth countries use a mix of common law and similar statute law.
- The European Commission has recently developed new standards pursuant to ideas laid out in a 'Whitepaper on governance.' This effort was undertaken after the Irish ‘no’ vote in 2001, addressing concerns that the public perceived the Commission’s legislative and rulemaking processes as too removed from citizen input.
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