A nuanced evaluation of convergence in delegated legislation
In many countries, transparency, openness, accountability and the use of scientific evidence are common values of today's rulemaking process. The Americanisation of administrative law and regulatory governance was still lacking a metrical measure for assessing convergence. GLAMRULE (Global Americanisation of rulemaking?) was an EU-funded project that filled this gap. This was done through empirical analyses on the extent of convergence of administrative requirements for enacting delegated legislation among EU and Organisation for Economic Co-operation and Development (OECD) member states. The work involved taking into account both internal and external influences derived from international organisations' recommendations as well as internal political determinants. Two empirical analyses resulted. One was a qualitative analysis that clarified the notion of rulemaking through explanatory typologies of the institutional choices for constraining regulators. It distinguished convergence movements towards a model of judicial review of rulemaking, typical of American administrative rulemaking, from the persistence of administrative tradition. The other was a quantitative analysis of the cross-sectional changes of rulemaking in three time periods (1995, 2005 and 2015). It tested alternative explanatory factors that determine the speed, scope and expected equilibrium of convergence. A similarity among countries and across time extends beyond the adoption of administrative innovations and reforms. The study also associated the ways governments, international organisations and stakeholders assess administrative reforms. It looked at the ways these international organisations frame their agenda for public governance reforms. Additionally, it zeroed in on the OECD and the World Bank's modes of designing and using global indicators for regulatory governance. Overall, GLAMRULE research and findings can enhance understanding of the quality of regulatory institutions and governance.
