By David Epstein
During this path-breaking booklet, David Epstein and Sharyn O'Halloran produce the 1st unified thought of coverage making among the legislative and government branches. interpreting significant US coverage tasks from 1947 to 1992, the authors describe the stipulations below which the legislature narrowly constrains government discretion, and while it delegates authority to the paperwork. In doing so, the authors synthesize diversified and aggressive literatures, from transaction price and principal-agent concept in economics, to info types constructed in either economics and political technological know-how, to major and theoretical paintings on legislative association and on bureaucratic discretion.
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Extra info for Delegating Powers: A Transaction Cost Politics Approach to Policy Making under Separate Powers (Political Economy of Institutions and Decisions)
Ben Shahn, The Shape of Content Our approach to congressional delegation states that legislators cede substantive discretionary authority to the bureaucracy in policy areas where the legislative process is least efficient relative to bureaucratic decision making. In this chapter, we provide background for our argument by reviewing recent work on both congressional policy making and legislative oversight of the bureaucracy. We then discuss previous treatments of the question of when Congress delegates and conclude by arguing that to understand delegation one must measure it against the hard reality of making policy through congressional committees.
5 In 5 For excellent discussions of the nondelegation doctrine, see Jaffe (1965), Davis (1978), and Bruff and Shane (1988, 64-88). Interestingly, the nondelegation doctrine used to have a lesser-known cousin, the non-subdelegation doctrine, which stated that power delegated to one executive branch actor could not be subdelegated to another actor not explicitly empowered by Congress to receive such authority. C. Section 301-33 ), which allowed subdelegation unless specifically forbidden by the governing statute.
Administrative procedures, then, play an important role in limiting executive branch authority. But it is incorrect to conclude that Congress wants only to restrict agency discretion; legislators want to strike a balance between granting agencies too much leeway and constraining them so tightly that there is no room to incorporate bureaucratic expertise into policy outcomes. Principal-Agent Models of Oversight The congressional dominance theorists generated vociferous opposition from within the community of public administration scholars.