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Democratic Rulemaking

Author

Listed:
  • John M. de Figueiredo
  • Edward H. Stiglitz

Abstract

This paper examines to what extent agency rulemaking is democratic. It reviews theories of administrative rulemaking in light of two normative benchmarks: a “democratic” benchmark based on voter preferences, and a “republican” benchmark based on the preferences of elected representatives. It then evaluates how the empirical evidence lines up in light of these two approaches. The paper concludes with a discussion of avenues for future research.

Suggested Citation

  • John M. de Figueiredo & Edward H. Stiglitz, 2015. "Democratic Rulemaking," NBER Working Papers 21765, National Bureau of Economic Research, Inc.
  • Handle: RePEc:nbr:nberwo:21765
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    File URL: http://www.nber.org/papers/w21765.pdf
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    References listed on IDEAS

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    1. Giandomenico Majone, 1996. "Temporal Consistency and Policy Credibility: Why Democracies Need Non-Majoritarian Institutions," EUI-RSCAS Working Papers 57, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
    2. Morris Fiorina, 1982. "Legislative choice of regulatory forms: Legal process or administrative process?," Public Choice, Springer, vol. 39(1), pages 33-66, January.
    3. Timothy Besley & Stephen Coate, 2003. "Elected Versus Appointed Regulators: Theory and Evidence," Journal of the European Economic Association, MIT Press, vol. 1(5), pages 1176-1206, September.
    4. John M. Figueiredo & Emerson H. Tiller, 2001. "The Structure and Conduct of Corporate Lobbying: How Firms Lobby the Federal Communications Commission," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 10(1), pages 91-122, March.
    5. Hammond, Thomas H & Knott, Jack H, 1996. "Who Controls the Bureaucracy?: Presidential Power, Congressional Dominance, Legal Constraints, and Bureaucratic Autonomy in a Model of Multi-institutional Policy-Making," Journal of Law, Economics, and Organization, Oxford University Press, vol. 12(1), pages 119-166, April.
    6. Barry Weingast, 1984. "The congressional-bureaucratic system: a principal agent perspective (with applications to the SEC)," Public Choice, Springer, vol. 44(1), pages 147-191, January.
    7. de Figueiredo, Rui J P, Jr & Spiller, Pablo T & Urbiztondo, Santiago, 1999. "An Informational Perspective on Administrative Procedures," Journal of Law, Economics, and Organization, Oxford University Press, vol. 15(1), pages 283-305, April.
    8. Majone, Giandomenico, 1997. "From the Positive to the Regulatory State: Causes and Consequences of Changes in the Mode of Governance," Journal of Public Policy, Cambridge University Press, vol. 17(2), pages 139-167, May.
    9. John M. de Figueiredo & James J. Kim, 2004. "When Do Firms Hire Lobbyists? The Organization of Lobbying at the Federal Communications Commission," NBER Working Papers 10553, National Bureau of Economic Research, Inc.
    10. repec:wly:amposc:v:48:y:2004:i:3:p:413-428 is not listed on IDEAS
    11. repec:wly:amposc:v:58:y:2014:i:2:p:387-401 is not listed on IDEAS
    12. Ryan Bubb & Patrick L. Warren, 2014. "Optimal Agency Bias and Regulatory Review," The Journal of Legal Studies, University of Chicago Press, vol. 43(1), pages 95-135.
    13. Lupia, Arthur & McCubbins, Mathew D, 1994. "Learning from Oversight: Fire Alarms and Police Patrols Reconstructed," Journal of Law, Economics, and Organization, Oxford University Press, vol. 10(1), pages 96-125, April.
    14. Weingast, Barry R & Moran, Mark J, 1983. "Bureaucratic Discretion or Congressional Control? Regulatory Policymaking by the Federal Trade Commission," Journal of Political Economy, University of Chicago Press, vol. 91(5), pages 765-800, October.
    15. McNollgast, 1999. "The Political Origins of the Administrative Procedure Act," Journal of Law, Economics, and Organization, Oxford University Press, vol. 15(1), pages 180-217, April.
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    17. Gilligan, Thomas W & Krehbiel, Keith, 1987. "Collective Decisionmaking and Standing Committees: An Informational Rationale for Restrictive Amendment Procedures," Journal of Law, Economics, and Organization, Oxford University Press, vol. 3(2), pages 287-335, Fall.
    18. de Figueiredo, John & Kim, James, 2004. "When Do Firms Hire Lobbyists? The Organization of Lobbying at the Federal Communications Commission," Working papers 4483-04, Massachusetts Institute of Technology (MIT), Sloan School of Management.
    19. Spiller, Pablo T & Tiller, Emerson H, 1997. "Decision Costs and the Strategic Design of Administrative Process and Judicial Review," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 347-370, June.
    20. Avinash K. Dixit, 1998. "The Making of Economic Policy: A Transaction Cost Politics Perspective," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262540983.
    21. repec:cup:apsrev:v:92:y:1998:i:03:p:663-673_21 is not listed on IDEAS
    22. John M. de Figueiredo & James J. Kim, 2004. "When do firms hire lobbyists? The organization of lobbying at the Federal Communications Commission," Industrial and Corporate Change, Oxford University Press, vol. 13(6), pages 883-900, December.
    23. Ferejohn, John & Shipan, Charles, 1990. "Congressional Influence on Bureaucracy," Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(0), pages 1-20.
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    Cited by:

    1. Francesc Trillas Jané, 2016. "Behavioral Regulatory Agencies," Working Papers wpdea1606, Department of Applied Economics at Universitat Autonoma of Barcelona.

    More about this item

    JEL classification:

    • K0 - Law and Economics - - General
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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