JUDICIAL RULEMAKING PROCEDURES IN THE FTC: A CASE STUDY OF THEIR CAUSES AND EFFECTS
In: Public policy, Band 29, Heft 2, S. 197-217
ISSN: 0033-3646
THIS ARTICLE EXAMINES WHY CONGRESS IMPOSED REQUIREMENTS ON THE FTC & ANALYZES THEIR EFFECTS AS A "MEANS" OF IMPLEMENTING POLICY. THE RULEMAKING PROCEDURE WAS AN IMPORTANT ISSUE AS THE MAGNUSON-MOSS ACT WAS CONSIDERED IN CONGRESS. JUDICIALIZED PROCEDURES HAVE FORCED A MORE RIGOROUS & TIMECONSUMING EXAMINATION OF DECISIONAL PREMISES, & HAVE LIMITED THE RANGE OF ISSUES WHICH THE AGENCY CAN DEAL EFFECTIVELY.