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JUDICIALIZED PROCEDURES IN REGULATORY POLICY IMPLEMENTATION
Author(s) -
ETHRIDGE III MARCUS E.
Publication year - 1982
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/j.1467-9930.1982.tb00268.x
Subject(s) - adjudication , context (archaeology) , regulatory authority , public administration , state (computer science) , political science , public policy , regulatory state , public economics , law and economics , subject (documents) , policy analysis , administrative law , business , economics , law , computer science , politics , paleontology , algorithm , library science , biology
The effect of changes in formal administrative procedure on policy implementation is a subject of considerable controversy. It has been traditionally argued that requiring elaborate, “judicialized” procedures for administrative adjudication contributes to sluggish, ineffective regulation. However, the continued strength of the public advocacy movement suggests that such procedures may be used by pro‐regulatory forces to instigate more vigorous regulation by agencies. This article addresses the issue through a comparative state analysis. Using environmental policy as a context for study, the association between the judicialization of procedure and the aggressiveness of regulation is measured.