JUDICIALIZED PROCEDURES IN REGULATORY POLICY IMPLEMENTATION

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  • An Empirical Analysis of Policy Consequences

Abstract

<jats:p>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.</jats:p>

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