Democracy and Executive Power: Administrative Policymaking in Comparative Perspective

This essay on executive rulemaking procedures in the US, UK, France, and Germany examines how administrative constitutional law interact when makes policy under delegated authority. Given their differing structures legal frameworks, political incentives for policymaking accountability differ. The US is a separation-of-powers presidential system. UK are parliamentary systems with without written constitutions. common underpins UK’s unwritten constitution. France has strong president relatively weak parliament. separation of powers generated statutory requirements notice-and-comment rulemaking. legislatures German have little incentive to enact such constraints own cabinets. French system lacks required as well. However, even if suggest that sitting politicians will interest reform, need greater public remains. essay, drawing author’s recent book Democracy power, describes these cross-country differences argues ways produce more democratically responsible policymaking. Those concerned about future representative democracy should include reform list priorities. Structural issues linked openness regulatory bodies cabinet departments not be ignored heat day-to-day crises soak up headlines.