Should regulators be policy makers?. Peter Alexander pale[email protected] www.oct.ca Presentation to CLEAR conference Toronto September 12, 2003 The presenter is a Policy Analyst for the Ontario College of Teachers. Opinions expressed are those of the presenter. For and Against.
From the New York Times, Aug. 29, 2003 re greenhouse gas regulations
“If Congress has not specifically addressed the question, a reviewing court must respect the agency’s construction of the statute as long as it is permissible.”
-- Justice Sandra Day O’Connor
“Where there is a major public policy issue, Congress needs to decide… The Supreme Court said where there is a major public policy decision to be made, an agency can’t just go out and use a broadly worded statute to deal with that.”
-- Jeffrey R. Holmstead, Environmental Protection Agency
“Discretion is a tool, indispensable for the individualisation of justice… Rules alone untempered by discretion, cannot cope with the complexities of modern government and of modern law…
The seven instruments that are most useful in the structuring of discretionary powers are open plans, open statements, open rules, open reasons, open precedents and fair informal procedure.
The reason for repeating the word ‘open’ is a powerful one; openness is the natural enemy of arbitrariness and a natural ally in the fight against injustice.”
-- Kenneth Culp Davis, Discretionary Justice