American Administrative Law Under Siege: Is Germany a Model?

Abstract

To evaluate the current debate over American administrative law, I contrast our system with Germany's quite different structure. I use environmental regulation as an example because achieving a balance between democratic legitimacy and technical knowledge is hardest, and most important, in areas - like environmental policy - in which expertise is essential and the interests of consumers, labor, industry, and local residents are opposed. Germany and the United States have faced remarkably similar challenges in the administration of environmental policy. Because the complex nature of environmental problems prevents legislators from resolving all issues within the text of statutes, legislatures in both countries have delegated policymaking authority to the executive.