Administrative Rule-Making in the United States: An Examination of the Values that Have Shaped the Process
66 Canberra Bulletin of Public Administration 112 (1991)
8 Pages Posted: 26 Apr 2016 Last revised: 27 May 2016
Date Written: 1991
Published in Australia, this article explores the evolution of informal rulemaking in the United States from the enactment of the Administrative Procedure Act in 1946 through the 1980s. It focuses especially upon the values that influenced the development of “hard look” judicial review and the expansion of the public participation elements of the rulemaking process. The article grew out of a presentation that was made at the 1991 Conference on Fair and Open Decision Making, which was sponsored by the Royal Australian Institute of Public Administration (ACT Division) and the Australian Institute of Administrative Law.
Keywords: administrative law, informal rulemaking, hard look review, judicial review, modern administrative state
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