Can Bargaining and Negotiation Change the Administrative Process?
Environmental Impact Assessment Review, Vol. 3, p. 373, 1982
15 Pages Posted: 4 Jan 2013
Date Written: 1982
This article evaluates proposals to use regulatory negotiation to improve the administrative law rulemaking under the federal Administrative Procedure Act. It explores the limitations of current approaches to negotiating disputes over public policy. It highlights several problems with representing groups to negotiate public policies as well as problems arising from market failure and ideology. It draws lessons from the experience of group representation in Europe and Japan and efforts to promote democratic participation in the United States. It discusses the significant limitations in changing procedural rules as a means to make the administrative process more democratic and accountable.
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