Responsive Regulation (responsive + regulation)

Distribution by Scientific Domains


Selected Abstracts


Responsive Regulation and Taxation: Introduction

LAW & POLICY, Issue 1 2007
VALERIE BRAITHWAITE
The implementation of responsive regulation in taxation means influencing the community's commitment to pay tax through respectful treatment, through attending to resistance and reforming faulty processes, through fairly directed and fully explained disapproval of non-compliant behavior, through preparedness to administer sanctions, and capacity to follow through to escalate regulatory intervention in the face of continuing non-compliance. Responsive regulation and regulatory formalism are pitted against each other in this issue on responsive regulation and taxation. Normative and explanatory arguments in favor of responsive regulation are explored by data collected in taxation contexts; and institutional obstacles are identified that limit effective implementation. [source]


Regulating More Effectively: The Relationship between Procedural Justice, Legitimacy, and Tax Non-compliance

JOURNAL OF LAW AND SOCIETY, Issue 4 2005
Kristina Murphy
In recent years, a significant number of middle-income taxpayers have been making use of aggressive tax planning strategies to reduce tax. In many cases, it is unclear whether these are designed and used by taxpayers to minimize tax legally or to avoid tax illegally. Those that are designed to exploit loopholes in tax law need to be dealt with in a way that restores faith and equity to the system. But how can tax authorities best manage taxpayers who may have inadvertently become involved in such illegal tax planning practices? Using longitudinal survey data, it will be shown that attempts to coerce and threaten taxpayers into compliance can undermine the legitimacy of the Tax Office's authority, which in turn can affect taxpayers' subsequent compliance behaviour. Responsive regulation, which is based on principles of procedural justice, will be discussed as an alternative enforcement strategy. [source]


Responsive Regulation and Taxation: Introduction

LAW & POLICY, Issue 1 2007
VALERIE BRAITHWAITE
The implementation of responsive regulation in taxation means influencing the community's commitment to pay tax through respectful treatment, through attending to resistance and reforming faulty processes, through fairly directed and fully explained disapproval of non-compliant behavior, through preparedness to administer sanctions, and capacity to follow through to escalate regulatory intervention in the face of continuing non-compliance. Responsive regulation and regulatory formalism are pitted against each other in this issue on responsive regulation and taxation. Normative and explanatory arguments in favor of responsive regulation are explored by data collected in taxation contexts; and institutional obstacles are identified that limit effective implementation. [source]


Responsive regulation at the Dutch Food and Consumer Product Safety Authority: An empirical assessment of assumptions underlying the theory

REGULATION & GOVERNANCE, Issue 1 2009
Peter Mascini
Abstract Responsive regulation usually boils down to the assumption that enforcers should not shift to coercing before it has become clear that persuading does not work. This presupposes that it is possible to determine what the correct enforcement style is, that enforcers can apply the most suitable style, and that enforcers control the negative unintended consequences of their conduct. We have studied the applicability of these presuppositions at the Dutch Food and Consumer Product Safety Authority by way of observations, interviews, and a survey. The applicability of all three presuppositions has proven problematic; enforcement agents apply different styles in comparable cases; they are impeded in applying the most appropriate style; and they do not control the perverse consequences of their conduct because regulatees tend to perceive it as more coercive than intended by inspectors. Our findings are not unique to this inspectorate and hence raise questions about the applicability of the theory of responsive regulation. [source]


Values and Purpose in Government: Central-local Relations in Regulatory Perspective

JOURNAL OF LAW AND SOCIETY, Issue 1 2002
Peter Vincent-Jones
This paper explores the relationship between theories of regulation and governmentality, showing how a synthesis of the two approaches may be used in the analysis of central-local relations. The basis of the current trend towards greater partnership and cooperation in the regulation of local by central government is argued to lie in the linking of increasingly selective imperium and dominium controls with ,responsibilization' strategies involving techniques of accounting, audit, and contracting. Following Nonet and Selznick, the substantive and purposive nature of state action is placed at the centre of the analysis. In this perspective, the ideal of responsive regulation implies not just technical effectiveness, but the harnessing of regulatory forces and ,governmental' resources in endeavours to achieve legitimate regulatory objectives. While New Labour's regulatory style is more likely to prove effective than that of the Conservatives, it may be criticized for a similar failure to implement fundamental values of openness and participation in the determination of regulatory purposes. [source]


Reconsidering Regulation and Governance Theory: A Learning Approach

LAW & POLICY, Issue 2 2009
JOHN S. F. WRIGHT
Theories and frameworks for regulation of particular industries or types of behavior have grown in richness in recent years. This article identifies three perspectives within contemporary regulatory theory: "normative,""descriptive," and "poststructuralist" perspectives. We ask whether contemporary models of regulatory governance arrangements adequately capture and explain the characteristics and operation of existing regulatory spaces. We outline three key models linked to these perspectives (responsive regulation, smart regulation, and nodal governance) and discuss their relevance with specific reference to one complex case study, the gambling industry in a federal polity, Australia, where the regulatory arrangements are quite diverse. We argue that regulatory theory needs to remain flexible if it is to inform an understanding of concrete regulatory challenges, thereby assisting analysts and practitioners to assess current and potential approaches for improved regulatory governance arrangements. Accordingly, we build a case for considering a learning perspective on regulation and governance theory linked to pragmatism. [source]


Responsive Regulation and Taxation: Introduction

LAW & POLICY, Issue 1 2007
VALERIE BRAITHWAITE
The implementation of responsive regulation in taxation means influencing the community's commitment to pay tax through respectful treatment, through attending to resistance and reforming faulty processes, through fairly directed and fully explained disapproval of non-compliant behavior, through preparedness to administer sanctions, and capacity to follow through to escalate regulatory intervention in the face of continuing non-compliance. Responsive regulation and regulatory formalism are pitted against each other in this issue on responsive regulation and taxation. Normative and explanatory arguments in favor of responsive regulation are explored by data collected in taxation contexts; and institutional obstacles are identified that limit effective implementation. [source]


Roles of CmpR, a LysR family transcriptional regulator, in acclimation of the cyanobacterium Synechococcus sp. strain PCC 7942 to low-CO2 and high-light conditions

MOLECULAR MICROBIOLOGY, Issue 3 2004
Yukari Takahashi
Summary The cmp operon of Synechococcus sp. strain PCC 7942, encoding a high-affinity bicarbonate transporter, is induced under low CO2 conditions by a LysR family protein CmpR. CmpR was found to be required also for induction of the operon by transfer of the cells from low-light to high-light conditions, indicating involvement of a common mechanism in the high-light- and low-CO2 -responsive regulation. Expression of the high-light inducible genes psbAII and psbAIII, on the other hand, was found to be induced also by low-CO2 conditions. A single promoter was responsible for the high-light and low-CO2 induction of each of psbAII and psbAIII, suggesting involvement of a common regulatory mechanism in the light and CO2 responses of the psbA genes. CmpR was, however, not required for the induction of psbAII and psbAIII, indicating the presence of multiple mechanisms for induction of genes under high-light and low-CO2 conditions. The CmpR-deficient mutant nevertheless showed lower levels of the psbAII and psbAIII transcripts than the wild-type strain under all the light and CO2 conditions examined. Gel shift assays showed that CmpR binds to the enhancer elements of psbAII and psbAIII, through specific interaction with a sequence signature conforming to the binding motif of similar LysR family proteins. These findings showed that CmpR acts as a trans -acting factor that enhances transcription of the photosystem II genes involved in acclimation to high light, revealing a complex network of gene regulation in the cyanobacterium. [source]


Contested hybridization of regulation: Failure of the Dutch regulatory system to protect minors from harmful media

REGULATION & GOVERNANCE, Issue 2 2010
Bärbel R. Dorbeck-Jung
Abstract The hybridization of regulatory modes and instruments is currently a popular way to improve public regulation. However, it is still unclear whether combinations of hard law and soft law, co-regulation, and legally enforced self-regulation really make regulation more effective. Using the analytical framework of the "really responsive regulation" approach, in this article we explore effectiveness problems in a hybrid regulatory system that tries to protect minors from harmful media. In our analysis of low compliance rates in the context of system failures, we argue that effectiveness problems seem to arise from poorly informed staff members, lack of internal and external controls, low rule enforcement, insufficient overlap between public and private interests, poor social responsibility in the Dutch media sector, deficiencies in the institutional framework, an inconsistent regulatory strategy, and inadequate responses from responsible regulators. Furthermore, based on our case study we argue that institutional dynamics of standard-setting activities can be detrimental to regulatory goal achievement if there is no compensation at the systemic level. Ongoing "regulatory care" through control, corrective responses, and rule enforcement seems to be crucial for a hybrid regulatory system to perform well. [source]


Responsive regulation at the Dutch Food and Consumer Product Safety Authority: An empirical assessment of assumptions underlying the theory

REGULATION & GOVERNANCE, Issue 1 2009
Peter Mascini
Abstract Responsive regulation usually boils down to the assumption that enforcers should not shift to coercing before it has become clear that persuading does not work. This presupposes that it is possible to determine what the correct enforcement style is, that enforcers can apply the most suitable style, and that enforcers control the negative unintended consequences of their conduct. We have studied the applicability of these presuppositions at the Dutch Food and Consumer Product Safety Authority by way of observations, interviews, and a survey. The applicability of all three presuppositions has proven problematic; enforcement agents apply different styles in comparable cases; they are impeded in applying the most appropriate style; and they do not control the perverse consequences of their conduct because regulatees tend to perceive it as more coercive than intended by inspectors. Our findings are not unique to this inspectorate and hence raise questions about the applicability of the theory of responsive regulation. [source]