ABSTRACT

The institution of the legislature was designed to achieve prudence by having the normative aim to represent the will of the people. A core component of the institutional strategy was devising characteristics of a legislature that could tame and even channel the turbulence of a democratic order. The character of any legislative body had to be connected to the people, but also having the wherewithal to process the people's notations of what government should do. In general, the character of the legislature, according to Martin Diamond, was designed to "deliberate and judge wisely on behalf of the people". The extension of the legislative characteristics into administration matters, especially because they are suited as a means to check or control executive dispositions. The most prominent and visible area of administration that extols and carries out legislative values is rulemaking. The inclusion of an adversarial mechanism is crucial to maintaining the spirit of the legislature.