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Regulatory State (regulatory + state)
Selected AbstractsAccountability in the Regulatory StateJOURNAL OF LAW AND SOCIETY, Issue 1 2000Colin Scott Accountability has long been both a key theme and a key problem in constitutional scholarship. The centrality of the accountability debates in contemporary political and legal discourse is a product of the difficulty of balancing the autonomy given to those exercising public power with appropriate control. The traditional mechanisms of accountability to Parliament and to the courts are problematic because in a complex administrative state, characterized by widespread delegation of discretion to actors located far from the centre of government, the conception of centralized responsibility upon which traditional accountability mechanisms are based is often fictional. The problems of accountability have been made manifest by the transformations wrought on public administration by the new public management (NPM) revolution which have further fragmented the public sector. In this article it is argued that if public lawyers are to be reconciled to these changes then it will be through recognizing the potential for additional or extended mechanisms of accountability in supplementing or displacing traditional accountability functions. The article identifies and develops two such extended accountability models: interdependence and redundancy [source] Constructing Compliance: Game Playing, Tax Law, and the Regulatory StateLAW & POLICY, Issue 1 2007SOL PICCIOTTO This article proposes a rethinking of approaches to compliance, extending perspectives that view regulation as an interactive or reflexive process mediated by sociolinguistic practices. These suggest that the meaning of rules is not fixed ex ante, but may emerge and change through such interactions, which therefore actually help to construct what it means to comply. The analysis supports proposals to base tax law on purposive general principles combined with detailed rules. However, it suggests that this should be the approach adopted for the tax code as a whole, instead of focusing mainly on the merits of a general anti-avoidance principle, as some of the recent debates have done. The article explores the question of interpretation of rules and the problem of avoidance and game playing. It reexamines the issue of the indeterminacy of rules and relocates it within the context of professional and regulatory practices, suggesting that it is these interactions that construct the meaning of rules and hence of compliance. The analysis is applied to income taxation, to sketch out how the international tax system has been constructed through the interaction of contending views of fairness in the allocation of tax jurisdiction, while in the process becoming refined into a formalist and technicist process of game playing. It argues that the central factor in this process has been the inherent contestability of the core concepts of international taxation, the rules on corporate residence and source of income. The article concludes by considering some of the current proposals for improving tax compliance, in particular by reducing complexity, improving clarity, and the use of broad principles. [source] Common Law Obedience in a Regulatory StateAMERICAN BUSINESS LAW JOURNAL, Issue 1 2010Nim Razook First page of article [source] In Search of the Regulatory State: Evidence From ScotlandPUBLIC ADMINISTRATION, Issue 4 2001Arthur Midwinter Recent research has suggested that there is movement towards a ,regulatory state' in the UK with regulation an expanding area of government. This article identifies key Scottish differences from UK practice and suggests the growth and scale of regulation inside Scottish government is more modest than suggested by UK-wide research. It also reviews existing oversight arrangements within Scottish government for public service delivery bodies and questions whether many of these activities warrant the label ,regulation', arguing that a more accurate description is performance management. [source] The Publicity of Law and the Regulatory StateTHE JOURNAL OF POLITICAL PHILOSOPHY, Issue 3 2002David Luban First page of article [source] The Regulatory State and Turkish Banking Reforms in the Age of Post-Washington ConsensusDEVELOPMENT AND CHANGE, Issue 1 2010Caner Bakir ABSTRACT The new era of the Post-Washington Consensus (PWC), promoted under the auspices of International Financial Institutions such as the International Monetary Fund and the World Bank, centres on the need to develop sound financial regulation and strong regulatory institutions, especially in the realm of banking and finance in post-financial crisis developing countries. This article uses an examination of the Turkish banking sector experience with the PWC in the aftermath of the 2001 financial crisis to show its considerable strengths and weaknesses. The authors argue that the emergent regulatory state in the bank-based financial system has a narrow focus on strengthening prudential regulation, whilst ignoring the increased ,financialization' of the Turkish economy. They identify the positive features of the new era of the PWC in terms of prudential regulation, which has become much more robust in its ability to withstand external shocks. At the same time, however, the article highlights some of the limitations of the new era which resemble the limitations of the PWC. These include the distributional impact of the regulatory reforms within the banking sector, and notably the emergence of foreign banks as the major beneficiaries of this process; weaknesses in promoting productive bank intermediation that finance the real economy and economic growth, leading to poverty reduction via growth of employment whilst stimulating financialization within the economy; and finally, the exclusive focus on prudential regulation, whilst ignoring regulatory costs, consumer protection and competition regulation. [source] The creation of neo,liberal corporate bias in transnational medicines control: The Industrial shaping and interest dynamics of the European regulatory stateEUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 1 2001GRAHAM LEWIS Drawing on the political theories of corporatism, neo,liberalism and pluralism, and on comparative empirical research in Brussels, Germany, Sweden and the UK, this article conceptualises the nature of Europeanised medicines regulation. It argues that a marketisation of regulation has been established in the European Union as a result of competition between national regulatory agencies for ,regulatory business' from the pharmaceutical industry. In the pharmaceuticals sector the Europeanised regulatory state is a product of three key factors: (a) the European Commission's commitment to an ,efficiency' regime which would meet the political objectives of a single European market and the commercial agendas of transnational pharmaceutical companies, (b) the endemic corporate bias associated with medicines regulation in the most influential member states, and (c) the considerable success of neo,liberal politics across a number of major member states, including Germany, Sweden and the United Kingdom. [source] Governing Standards: The Rise of Standardization Processes in France and in the EUGOVERNANCE, Issue 1 2007OLIVIER BORRAZ The rise of standardization processes highlights two different paths toward a regulatory state. Within the EU, the New Approach serves as a model for co-regulation, and European standards have become instruments of supranational governance. In France, standardization is much more part of a renegotiation of the state's role and influence in a changing society. In both cases, standardization was undertaken with other motives; yet it evolved to answer the strains and constraints exerted upon regulatory processes in the two polities. As such, standards are a case for unintentionality in policy instruments. [source] The Dangers of Hanging Baskets: ,Regulatory Myths' and Media Representations of Health and Safety RegulationJOURNAL OF LAW AND SOCIETY, Issue 3 2009Paul Almond The successful enforcement of health and safety regulation is reliant upon the ability of regulatory agencies to demonstrate the legitimacy of the system of regulatory controls. While ,big cases' are central to this process, there are also significant legitimatory implications associated with ,minor' cases, including media-reported tales of pettiness and heavy-handedness in the interpretation and enforcement of the law. The popular media regularly report stories of ,regulatory unreasonableness', and they can pass quickly into mainstream public knowledge. A story's appeal becomes more important than its factual veracity; they are a form of ,regulatory myth'. This paper discusses the implications of regulatory myths for health and safety regulators, and analyses their challenges for regulators, paying particular attention to the Health and Safety Executive (HSE) which has made concerted efforts to address regulatory myths attaching to its activities. It will be shown that such stories constitute sustained normative challenges to the legitimacy of the regulator, and political challenges to the burgeoning regulatory state, because they reflect some of the key concerns of late-modern society. [source] A Reevaluation of the New York Court of Appeals: The Home, the Market, and Labor, 1885-1905LAW & SOCIAL INQUIRY, Issue 3 2002Felice Batlan Closely examining a range of New York Court of Appeals police-power cases during the period 1885 to 1905, this article demonstrates that the New York Court had a long history of accepting and continually expanding the police power. In these police-power cases, one finds the court grappling with an evolving sense of how to balance the concept of and need for a well-regulated society against the rights of an individual in an increasingly complex and interconnected world, as well as a tenacious refusal to abandon Victorian bourgeois norms regarding the dichotomy between the home and workplace. By contextualizing and historicizing New York Court of Appeals cases, the article challenges the dominant historiographical interpretations about late-nineteenth-century law. Moving away from a paradigm that labels the court conservative or liberal, formalist or realist, it argues that the court participated in creating a regulatory state while also employing a reasoning that adopted a sharp distinction between the market and the site of the domestic. [source] Quorum sensing controls biofilm formation in Vibrio choleraeMOLECULAR MICROBIOLOGY, Issue 1 2003Brian K. Hammer Summary Multiple quorum-sensing circuits function in parallel to control virulence and biofilm formation in Vibrio cholerae. In contrast to other bacterial pathogens that induce virulence factor production and/or biofilm formation at high cell density in the presence of quorum-sensing autoinducers, V. cholerae represses these behaviours at high cell density. Consistent with this, we show here that V. cholerae strains ,locked' in the regulatory state mimicking low cell density are enhanced for biofilm production whereas mutants ,locked' in the regulatory state mimicking high cell density are incapable of producing biofilms. The quorum-sensing cascade we have identified in V. cholerae regulates the transcription of genes involved in exopolysaccharide production (EPS), and variants that produce EPS and form biofilms arise at high frequency from non-EPS, non-biofilm producing strains. Our data show that spontaneous mutation of the transcriptional regulator hapR is responsible for this effect. Several toxigenic strains of V. cholerae possess a naturally occurring frameshift mutation in hapR. Thus, the distinct environments occupied by this aquatic pathogen presumably include niches where cell-cell communication is crucial, as well as ones where loss of quorum sensing via hapR mutation confers a selective advantage. Bacterial biofilms could represent a complex habitat where such differentiation occurs. [source] The Henry George Theorem and the Entrepreneurial Process: Turning Henry George on his HeadAMERICAN JOURNAL OF ECONOMICS AND SOCIOLOGY, Issue 1 2010Laurence S. Moss This chapter offers an interpretation of the Henry George Theorem (HGT) that brings it squarely into the study and analysis of entrepreneurship somewhat loosening its ties to the subfield of urban economics. I draw on the pioneering work of Spencer Heath whose insights about the viability of proprietary communities were developed further by his grandson, Spencer Heath MacCallum who, in 1970, recognized that private real estate developers sometimes make their capital gains (mostly) by creating useful public spaces that others enjoy. I also draw inspiration from Fred Foldvary's effort in 1994 to synthesize the pubic goods problem in economics with the Henry George Theorem in urban economics. While the real estate owner,developer does emerge on my pages in a somewhat more favourable light than as originally portrayed by Henry George in his Progress and Poverty in 1879, I offer a realistic appraisal of the duplicitous behaviours required of such entrepreneurs. in the context of the modern regulatory state. Real estate development remains a ,hot button' item in local politics, and real estate developers must become genuine ,political entrepreneurs' if they are to complete their projects in a timely way and capture business profits. It is a complicated story that the HGT helps make intelligible in terms of human action. [source] BETTER REGULATION IN EUROPE: BETWEEN PUBLIC MANAGEMENT AND REGULATORY REFORMPUBLIC ADMINISTRATION, Issue 3 2009CLAUDIO M. RADAELLI Can the European regulatory state be managed? The European Union (EU) and its member states have looked at better regulation as a possible answer to this difficult question. This emerging public policy presents challenges to scholars of public management and administrative reforms, but also opportunities. In this conceptual article, we start from the problems created by the value-laden discourse used by policy-makers in this area, and provide a definition and a framework that are suitable for empirical/explanatory research. We then show how public administration scholars could usefully bring better regulation into their research agendas. To be more specific, we situate better regulation in the context of the academic debates on the New Public Management, the political control of bureaucracies, evidence-based policy, and the regulatory state in Europe. [source] The regulatory state and the UK Labour Government's re-regulation of provision in the English National Health ServiceREGULATION & GOVERNANCE, Issue 4 2009John S. F. Wright Abstract Following its election in 1997, the UK Labour Government embarked upon a 10 year program of reform of the National Health Service (NHS). By 2005, Labour had doubled the NHS budget and dramatically transformed the shape of the Service. In England, a basic characteristic of the NHS is the organizational split between provider and commissioning agencies. In this article I argue that Labour's re-regulation of NHS provision is a coherent representation of the influence of the "regulatory state" in restructuring arrangements between government, market, and society. The article offers an account of the regulatory state based on a discussion of five key theses: The Audit Society, Regulation Inside Government, The New Regulatory State, The British Regulatory State, and Regulatory Capitalism. The article unfolds Labour's program of reform across themes common to these accounts: the division of labor between state and society, the division of labor within the state, the formalization of previously informal controls, and the development of meta-regulatory techniques of enforced self-regulation. It concludes that the key themes of the regulatory state are at work in Labour's transformation of NHS provision and it offers a discussion of the implications for both scholars of regulation and the UK and European health policy literature. [source] Adversarialism versus legalism: Juridification and litigation in corporate governance reformREGULATION & GOVERNANCE, Issue 3 2009John W. Cioffi Abstract Recent reforms of corporate governance law and related litigation rules in the US and in Germany indicate that reports of the spread of adversarial legalism are greatly exaggerated. Politics and legislation in the US since the mid-1990s have turned quite decisively against shareholder litigation even as corporate governance and securities law reforms have expanded the role and scope of the regulatory state. Germany's extraordinary expansion of financial and corporate governance regulation since the early 1990s exemplifies juridification. Although these reforms included some liberalization of shareholder litigation rules, the changes reflected skepticism towards private litigation and imposed new constraints on the most prevalent forms of shareholder suits. Marketization of economic relations and the era of finance capitalism have produced far more legalism than adversarialism, more regulation than judicialization, and more ex ante transparency rules than ex post litigation remedies. [source] In Search of the Regulatory State: Evidence From ScotlandPUBLIC ADMINISTRATION, Issue 4 2001Arthur Midwinter Recent research has suggested that there is movement towards a ,regulatory state' in the UK with regulation an expanding area of government. This article identifies key Scottish differences from UK practice and suggests the growth and scale of regulation inside Scottish government is more modest than suggested by UK-wide research. It also reviews existing oversight arrangements within Scottish government for public service delivery bodies and questions whether many of these activities warrant the label ,regulation', arguing that a more accurate description is performance management. [source] | |||||||||||||