Notice-and-Comment Rulemaking in Comparative Perspective
Some Conceptual and Practical Implications
Bibliographic Data
| ID | 21832783 |
|---|---|
| Authors | Graciela BASE (Yale University, corresponding author) |
| Year | 2020 |
| Volume | 15 |
| Issue | 1 |
| Pages | 95-125 |
| Publication date | 2020-07-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 1932-0205 • E-ISSN: 2194-6078 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/asjcl.2020.6 |
| OpenAlex | W3027078682 |
| Language | EN |
| Citations received | 2 |
| References cited | 4 |
Public participation in administrative rulemaking is typically embodied in notice-and-comment procedures essentially mandating the publication of a proposed rule and an opportunity for the public to submit comments thereon prior to its adoption. This article presents a comparative analysis of the notice-and-comment regimes under the Philippine Administrative Code (PAC) and the United States’ Administrative Procedure Act (APA). In stark contrast to the Philippine legal framework which renders compliance with the notice-and-comment procedure practically discretionary on the part of the agency, the APA prescribes the conduct of notice-and-comment as a general rule, and courts rigorously police agencies’ compliance with the procedure. This article argues that the mandatory (or discretionary) nature of the notice-and-comment mechanism impinges on the efficacy of procedural challenges to administrative rules, the standard of judicial review applied to agency statutory interpretation, and the statutory creation of public norms. The article hopes to inspire a re-evaluation of the Philippine framework while providing valuable lessons to other jurisdictions with similar legal architectures
Administrative law · Judicial review · Law and economics · Notice · Political science · Rulemaking · Sociology · Statutory interpretation · Statutory law · Dispute Resolution and Class Actions · International Arbitration and Investment Law · Law · Ombudsman and Human Rights · Psychology · Public Administration
| Citations per year | 0.67 |
|---|---|
| Citation span | 2023 - 2024 (2) |
| Highly cited | No |