Legislators alone can choose administered regulation over self-applying law.
Evidence
As a legislator, you would have had available to you techniques not open to the courts. Thus, you could have considered substituting a regime of administered regulation for self-applying law - as by establishing an administrative agency with power to approve or disapprove any terms in the bill of lading. Would the problem of termination of liability, in itself, call for such drastic action? β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 432
Categorization
- XREF: Institutional-choice theme: the menu of available lawmaking techniques differs between courts and legislatures. β connects to: Legislative inaction is itself a distinct technique of control β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems inβ¦, 728; Legislative reform efforts can be redirected into curbing the regulators themselves. β Albert Bandura, Moral Disengagement: How People Do Harmβ¦, 1562
Broader Connections
- Legislative reform efforts can be redirected into curbing the regulators themselves.
#complicates(0.75) β Albert Bandura, Moral Disengagement, 1562