Review of Rulemaking, Participation and the Limits of Public Law in the USA and Europe by Theodora Th. Ziamou and Review of Governing by Numbers: Delegated Legislation and Everyday Policy-Making, by Edward C. Page

Abstract

This article reviews two books: Rulemaking, Participation and the Limits of Public Law in the USA and Europe by Theodora Th. Ziamou and Governing by Numbers by Edward C. Page. In Rulemaking, Ziamou compares the law of rulemaking in the United States, Germany, Greece, and England. Ziamou covers the distinction between administrative rules and other administrative acts, the constitutional law of rulemaking, rulemaking procedure, the ability of private organizations to adopt rules that bind themselves and third parties, and judicial review. Readers are left with a better understanding of American and European rulemaking but may not be convinced that Europe has a problem or that the American system is any better.

Governing by Numbers is also about rulemaking in Europe, specifically Great Britain, but this book addresses the very different perspective of qualitative political science. Page focuses on rules, known in Britain as delegated legislation or statutory instruments. By doing so, he studies the broader phenomenon of what he calls “everyday politics,” that is, matters that do not mobilize political parties and cause partisan debate in Parliament and the press, but are nevertheless significant. Page concludes that the government dominates both high politics and everyday politics; however, junior ministers, low-level civil servants, and highly specialized lobbying groups are politics’ most important players.

Keywords: public law in the United States and Europe, rulemaking, Germany, Greece, England, administrative rules, constitutional law of rulemaking, rulemaking procedure, judicial review, Great Britain, qualitative political science, everyday politics, parliament, civil servants, lobbying, comparative law

JEL Classification: K23, K33. K20, K0