Premium
“TOO MANY LAWYERS, NOT ENOUGH PRACTICAL PEOPLE”: The Policy‐Making Discretion of the Federal Trade Commission
Author(s) -
BOYER BARRY B.
Publication year - 1983
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.1467-9930.1983.tb00288.x
Subject(s) - discretion , bureaucracy , commission , structuring , politics , political science , administrative discretion , law and economics , judicial discretion , public administration , law , economics , judicial review
Contemporary legal theory recognizes three primary methods of controling administrative discretion: confining through substantive standards, structuring through procedural requirements, and checking through bureaucratic review. It is sometimes assumed that these techniques operate independently and that their effects are additive. This article reports on a study of Federal Trade Commission policy‐making and concludes that in some instances there can be complex interactions among the legal techniques for controlling discretion, and between the legal techniques and political or bureaucratic forces shaping policy‐making discretion.