Jilin Provincial Government Will Allow Citizens To Challenge Internal Regulations

December 8, 2005

Jilin provincial authorities will allow citizens to challenge internal, nonpublic regulations that administrative agencies often rely on as a legal basis for government action, according to a report appearing on the Ministry of Justice Web site. Media reports and scholars have criticized the use of such internal regulations, which are often drafted without citizen participation.

Jilin provincial authorities will allow citizens to challenge internal, nonpublic regulations that administrative agencies often rely on as a legal basis for government action, according to a report appearing on the Ministry of Justice Web site. Media reports and scholars have criticized the use of such internal regulations, which are often drafted without citizen participation.

The Jilin measures allow citizens to apply to the provincial legal affairs office for review of internal local regulations and require the review to be completed within two months. The measures also authorize the legal affairs office to declare invalid those regulations that fail the review.

The Jilin measures are a positive step that may empower citizens to challenge internal regulations that lack any legal basis. The provincial government, however, may intend for these measures to operate as a partial substitute for more substantive efforts to develop effective and independent judicial review of administrative regulations.