The "Deconstruction of Unconstitutional Administrative State" in the United States and beyond: evidence from international organizations (that used to be?) supported by the U.S.

Over almost forty days into the new U.S. Administration, Presidential Executive Orders have been issued: i) Establishing and Implementing the President’s “Department of Government Efficiency”; ii) Unleashing Prosperity Through Deregulation (10-to-1 deregulation initiative); iii) Reviewing United States Support to All International Organizations; iv) Ensuring Accountability for All Agencies ("President Trump Reins in Independent Agencies"); v) Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative ("Deconstruction of Unconstitutional Administrative State"), among others. If, on the one hand, it can be stated that the law and the policies of the regulatory state are facing a worldwide crisis, on the other hand: a) the so-called regulatory or administrative state is still the dominant paradigm in most advanced democracies (and emerging democracies as well), and; b) there is significant evidence that the regulatory/administrative state is still delivering efficiency in several countries. In fact, international organizations (IOs) that count on U.S. membership work according to the paradigm of the regulatory/administrative state and have been developing a body of work that can be understood, to a great extent, as in line with DOGE’s regulatory rescissions, administrative reductions and cost savings. Thus, a key question is whether x) the United States will definitely deconstruct an alleged unconstitutional administrative state, or y) this Administration will be somewhat constrained by statutory interpretation performed by the Judiciary. The primary contribution of this paper lies in bringing comparative experiences to analyze the U.S. regulatory/administrative state. For example, the OECD has developed the Product Market Regulation (PMR) indicators, considering that “pro-competition regulations are vital to foster innovation, business dynamism, productivity, investment, and employment”. According to the PMR, there is significant room for improvement in the U.S., whose regulations do not perform well as the ones of countries such as the UK, the Netherlands, Ireland, Germany, Italy, Australia, Canada, Korea and Chile.