Rulemaking and participation in comparative law. Indagine su un modello in formazione

Rulemaking and participation in comparative law. Research about a developing model

Abstract

The work analyzes the evolution of participation in rulemaking and administrative general acts in comparative law. The author identifies a procedural model differing from to draw up individual administrative acts and tries to reconstruct its main elements. The relationship between representative democracy and participation, the effects produced by the system of sources of law, the relevance of transparency, the duty to give reasons and the intensity of judicial review are therefore analyzed. The essay concludes with some reflections on the balances to be sought between the elements allowing the effectiveness of the model.