Democratic Rulemaking
Working Paper 21765
DOI 10.3386/w21765
Issue Date
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.
Published Versions
de Figueiredo, John M., and Jed Stiglitz (2017). “Democratic Rulemaking,” in ed. Francesco Parisi, Oxford Handbook on Law and Economics, Chapter 3, Volume 3: 37-58.