Editor’s Note: The report presented herein is an advocacy document aimed at furthering the prudential management of the administrative state–not its abolition.
In preparing this report our objective is to initiate a debate on the principles available for managing the administrative state. It is envisioned that the resultant program will transcend existing topics such as judicial review, centralized regulatory review and benefit-cost analyses and by doing so recognize that agency-made law is exponentially greater than anything produced by the courts.
We call your particular attention to the footnotes and their associated links in the aforementioned report; they are among the priority posts reproduced from thousands of pages of material on the CRE website.
The CRE publication noted above is the third publication in a four part series on the need to develop a well defined program for the management of the administrative state.
CRE publications include:
2009 The History of Centralized Regulator Review Administrative Law Review
2020 OIRA: Past, Present Future Journal Benefit-Cost Analysis
2020 Management of the Administrative State SSRN
202? Principles for the Management of the Administrative State
The timing of the release of this report is totally a function of the completion date of its predecessor, OIRA: Past, Present Future; that said hopefully both incumbent and future managers of the administrative state will take notice of the views set forth therein. Of particular note is the emphasis on increasing academic involvement, specifically that of the political science/public administration communities, in the “Management of the Administrative State”.
The Regulation Committee of the Administrative Conference of the US has embarked on a study “Rules on Rulemaking“ which could serve as an invaluable federal interagency work product for consideration as one develops an initial statement of the “Principles for the Management of the Administrative State”. More on the ACUS contribution to the management of the administrative state.