Positive and Normative Models of Procedural Rights: An Integrative Approach to Administrative Procedures
Journal of Law, Economics, and Organization VI (1990)
26 Pages Posted: 18 Feb 2017
Date Written: January 1, 1990
The gulf between legal ideals and reductionist PPT provides a challenge for PPT: Is PPT necessarily reductionist, arguing that legal realism is misconceived and irrelevant? If not reductionist, then how are the two to be integrated in a manner that does more than give lip service to legal idealists? Our answer is that the two approaches can be integrated. Attention to normative issues by reelection-minded politicians can explain self-imposed procedural limits, such as those enacted in the Administrative Procedure Act, by noting that such limits serve political ends as well as normative ones.
Keywords: Congress, administration, procedure, regulation, atomic energy
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