“TOO MANY LAWYERS, NOT ENOUGH PRACTICAL PEOPLE”: The Policy‐Making Discretion of the Federal Trade Commission
作者:
BARRY B. BOYER,
期刊:
Law&Policy
(WILEY Available online 1983)
卷期:
Volume 5,
issue 1
页码: 9-34
ISSN:0265-8240
年代: 1983
DOI:10.1111/j.1467-9930.1983.tb00288.x
出版商: Blackwell Publishing Ltd
数据来源: WILEY
摘要:
Contemporary legal theory recognizes three primary methods of controling administrative discretion: confining through substantive standards, structuring through procedural requirements, and checking through bureaucratic review. It is sometimes assumed that these techniques operate independently and that their effects are additive. This article reports on a study of Federal Trade Commission policy‐making and concludes that in some instances there can be complex interactions among the legal techniques for controlling discretion, and between the legal techniques and political or bureaucratic forces shaping policy‐making discret
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