Rule-making Regimes in the Modern State

Abstract

This chapter contrasts rule-making regimes in the UK and the US with the aim of isolating a set of principles that explain the differences in their respective regimes, suggesting a basic typology for further comparative analysis. It first charts the development of the current rule-making regimes in the UK and US by addressing the constitutional status of rule-making, the drafting of regulations, processes for engaging the public in rule-making, legislative scrutiny, judicial scrutiny, and the interpretation of regulations. The chapter then argues that the best explanation relies on structural features of these legal systems. The consolidation of power in the UK makes UK secondary legislation issued by those ministers more a convenience than threat to Parliament or constitutional principles. In the US, deliberation, participatory processes, technical expertise, and heightened judicial scrutiny must substitute for the direct political accountability of rule-makers in the UK.

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