Essay On Rulemaking

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As Kerwin points out, the US is a representative democracy, but with lawmaking granted as a power to the government, rulemaking becomes a profound dilemma. Rulemaking is a tool that the government can use to be responsive to the increasing demands of the people (Kerwin). Rules tend to be forward-looking because they are to be implemented at a future date. Rosenbloom identifies three general types of rules: legislative, procedural, and interpretive rules. Legislative rules regulate, conduct, and impose standards on products and processes. Procedural rules are drafted to guide the agency’s internal organization and operations. Lastly, interpretative rules are policy statements that guide the agency’s mandate. From these classifications, rules can also have general or specific applications. They can be used to regulate a wide activity or aspect of the society or facilitate a single event or process (Rosenbloom). Public policy in the US largely depends on …show more content…

When participation is present, the rulemaking process and the resulting rule becomes rational, readier for implementation and enforcement, and faithful to legislative content. However, despite the strong promises of public participation in rulemaking, it does not occur automatically. If it occurs, the success of participation generally depends on the presence of perquisites such as awareness of the rule, correct identification of the effects of the rule to the interest groups, familiarity with the opportunity for participation, and possession of the necessary resources to respond appropriately. Overall, public participation in a democratic society is challenging in the sense that it makes the process more complicated and prone to conflicts; but it also makes the rule develop strong foundation because it is based on real information derived from the population with whom the rule is being directed

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