The Value of Public Participation in Rulemaking

From: The Regulatory Review


Or take the questions of Chevron and Seminole Rock deference. (For personal reasons, I prefer to call it Seminole Rock—not Auer—deference.) To most lawyers, these are obscure matters, though many appreciate that Chevron has to do with the authority of regulatory agencies. But those in this room know that questions of deference go to fundamental issues in our constitutional democracy: What ability should the executive branch have to make law? What role do our courts have in pronouncing what the law is? To what extent should we permit Congress to absent itself from some of the most important legislative decisions that are made for our society?

Administrative law is the law that governs the government, and at bottom, its subject is questions like these—some of the great questions about government and democracy.

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