Mechanisms for Including Publics in Administrative Governance

Authors

• Nina-Simone Edwards, Washington and Lee University School of LawFollow

Document Type

Article

Publication Date

2025

Abstract

This project’s fourth concept paper rethinks public participation in administrative processes. Although participation mechanisms are theoretically designed to enable those affected by regulations to influence their development, it is often extremely difficult for members of the public to meaningfully engage with agencies. After discussing institutional failures of current participation mechanisms, this report develops a set of principles to guide the redesign of public participation mechanisms. These include involving publics earlier in the process, building both public and regulatory capacity for meaningful, two-way communication, and reframing expertise as a public good.

The paper then proposes specific mechanisms to optimize communication between agencies and publics: agencies must actively generate community engagement, gather community knowledge, and facilitate structured deliberation and decision-making. Additionally, the paper describes institutional recommendations to embed participation mechanisms throughout the regulatory lifecycle. Publics must be involved from the agenda-setting stage through regulatory monitoring and enforcement, and adequate resources and organizational changes must accompany these reforms.

Recommended Citation

Julie Cohen et al., Mechanisms for Including Publics in Administrative Governance (2025).