The Case for Greater Executive Discretion

From: RegBlog | Penn Program on Regulation

In his keynote address at the University of Pennsylvania Law Review’s 2015 Symposium, Cass R. Sunstein challenged the deep-seated suspicion with which many Americans view the executive branch and offered a justification for the role of executive discretion in everyday policymaking.

Sunstein, the Robert Walmsley University Professor at Harvard University and former Administrator of the White House Office of Information and Regulatory Affairs (2009 to 2012), argued that the executive branch is particularly well-equipped to gather and process information on which to base policy decisions. This capability, he suggested, allows the executive branch to make better informed and more rational policy choices relative to the legislative and judicial branches.

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