In a democratic society like New York state, the idea that the public should participate in government policymaking is generally accepted without argument, but not necessarily without qualification. Consider the differing views on the proper role of lobbyists in lawmaking or stakeholders in notice-and-comment rulemaking.
Lawmaking and notice-and-comment rulemaking are two very different ways that New York state enacts requirements or prohibitions on persons or organizations. Laws are made by the Legislature (i.e., the Senate and Assembly). Rules are made by agencies (e.g., the NYSDOT). The law-rule interaction works like this: The Legislature enacts a broad law, and the agency will then interpret that broad law and make rules that narrow the law to fit the various day-to-day activities that the law must affect.
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