Judicial Review and Independent Authorities Rulemaking. L’America alla ricerca di un nuovo equilibrio nella separazione dei poteri.

Abstract

Judicial Review and Independent Authorities Rulemaking. America in search of a new balance in separation of powers. The essay analyzes the relationship between the regulatory power of independent authorities and the incisiveness of the
judicial review in the United States. Compared to other countries, in this experience the tensions between rulemaking and the role of judiciary present more problematic aspects, by virtue of the widespread use of the delegation of power by the Congress and the traditional doctrine of deference. In recent times, American legal thought is reflecting on the need to strengthen judicial review on rulemaking, overcome the deference of Chevron, Auer and Skidmore and reform the traditional separation of powers outlined in the Administrative Procedure Act. The study of the opinions of American scholars offers the author an opportunity to reflect on the connections between the effectiveness of participation, the principle of transparency, the explanation of the reasons underlying the rulemaking proceeding, and the variables that induced different degrees intensity of judicial review.