Rulemaking vs. Democracy: Judging and Nudging Public Participation That Counts
August 2014
Citation:
44
ELR 10670
Issue
8
An underlying assumption of many open government enthusiasts is that more public participation will necessarily lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. Yet, experience thus far with technology-enabled rulemaking (e-rulemaking) has not confirmed this “if-then” causal link. This Article considers how this flawed causal reasoning
around technology has permeated efforts to increase public participation in rulemaking.
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