Citizen Participation in Rulemaking: Past, Present, and Future

作者: Cary Coglianese

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摘要: Administrative law scholars and governmental reformers argue that advances in information technology will greatly expand public participation regulatory policymaking. They claim e-rulemaking, or the application of new to administrative rulemaking, promises transform a previously insulated process into one which ordinary citizens regularly provide input. With federal government having implemented several e-rulemaking initiatives recent years, we can now begin assess whether such transformation works -- even on horizon. This paper compares empirical observations citizen past, before with more results after introduction various types technological innovations. Contrary prevailing predictions, research shows makes little difference: input remains typically sparse, notwithstanding relative ease individuals learn about comment proposals. These findings indicate significant barriers are cognitive motivational. Even it takes high level technical sophistication understand proceedings. Moreover, though lowers absolute cost submitting comments agencies, also dramatically decreases costs wide variety entertainment commercial activities much appealing most citizens. Given persistent opportunity other participation, future efforts appear unlikely lead participatory revolution, but instead be expected generally deliver same involvement process.

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