Capital united? Business unity in regulatory politics and the special place of finance

While organized business is a key actor in regulatory politics, its influence is often conditional on the level of unity or conflict occurring within the business community at any given time. Most contemporary regulatory policy interventions put pressure on the normal mechanisms of business unity, as they are highly targeted and sector‐specific. This raises the question of how business unity operates across a highly variegated economic terrain in which costs are asymmetric and free‐riding incentives are high. In this paper, we empirically assess patterns of business unity within regulatory policymaking across different regulated sectors. Our analysis utilizes data from hundreds of regulatory policy proposals and business community reactions to them in the telecommunications, energy, agriculture, pharmaceutical, and financial sectors over a variety of institutional contexts. We find considerable empirical support for the “finance capital unity” hypothesis – the notion that the financial sector enjoys more business unity than other regulated sectors of the economy. When the financial sector is faced with new regulations, business groups from other sectors frequently come to its aid.     

State Environmental Policies: Analyzing Green Building Mandates

This research addresses state requirements that public facilities be constructed as “green buildings” that promote environmental friendly, energy efficient, and healthy workplaces. We consider state choices to adopt green building mandates and the form of their policy enactment. In considering the way that low salience issues like green buildings get on state agendas and the circumstances under which governors decide to engage the issue, we extend William Gormley's (1986) depiction of “board room” regulatory politics. State energy agencies provide an attention‐focusing role while governors behave strategically in deciding whether to issue executive orders about green buildings. This research adds to the growing understanding of states as innovators in aspects of environmental policy not normally subject to state regulation.     

Implementing independent regulatory agencies in Brazil: The contrasting experiences in the electricity and telecommunications sectors

This paper explores hypotheses that could explain both the creation of independent regulatory agencies (IRAs) in Brazil, and the differences in the design of the Brazilian IRAs in the telecommunications and electricity sectors. To formulate specific hypotheses that make sense of the Brazilian case, the paper critically interrogates the “weak state” hypothesis and the “political bias” hypothesis. The first argues that countries with flawed governance structures, such as Latin American countries, are less likely to establish independent regulators than European countries. The second argues that “political bias” is a determinant factor in predicting the implementation of IRAs in Latin America. The first part of the paper uses these two general hypotheses as a basis to formulate specific hypotheses to explain the creation of IRAs in Brazil. The second part of the paper formulates specific hypotheses that could explain why institutional guarantees of IRA independence are stronger in the telecommunications sector, than in the electricity sector. In particular, the paper argues in support of a revised version of the “political bias” hypothesis to explain sectoral divergence, suggesting that bureaucratic resistance to reform may be the cause for the variations observed in Brazil between regulatory reform in electricity and in telecommunications.     

The politics of de‐delegation: Regulatory (in)dependence in Turkey

This essay explores the rise and decline of regulatory independence in Turkey. Framing the ongoing process of limiting independence of these agencies as the politics of de‐delegation, it raises the question of why Turkish regulatory agencies have become subject to increasing political intervention. Contending that institutional legacies and mounting illiberal predispositions of the Turkish state facilitate the politics of de‐delegation, the essay focuses on centralization, executive discretion, and politicization of bureaucracy as the major institutional legacies. Then it briefly discusses formal and informal mechanisms of political intervention, which have impaired the independence of the regulatory agencies.     

Regulatory Agencies—The Challenges of Balancing Agency Autonomy and Political Control

In this article we focus on the dynamic interplay between increase in autonomy of regulatory agencies and political control of those agencies. The general research issues are the weak empirical foundations of regulatory reforms, the complex trade‐off between political control and agency autonomy, the dual process of deregulation and reregulation, the problems of role‐specialization and coordination, and the questions of “smart practice” in regulatory policy and practice. The theoretical basis is agency theories and a broad institutional approach that blend national political strategies, historical‐cultural context, and external pressures to understand regulatory agencies and regulatory reform. This approach is contrasted with a practitioner model of agencies. Empirically the article is based on regulatory reform in Norway, giving a brief introduction to the reform and agency context followed by an analysis of the radical regulatory reform policy introduced recently by the current Norwegian government. We illustrate how regulatory reforms and agencies work in practice by focusing on two specific cases on homeland security and telecommunications.     

EU Regulation of Medical Devices and Pharmaceuticals in Comparative Perspective

This paper provides a comparison of European Union regulatory policy for pharmaceuticals and medical devices. The discussion highlights key similarities and differences in regulatory approach for the two sectors. More importantly, it explores the balance that has been struck between public health, health care, and industrial policy as “competing” objectives within the respective regulatory regimes. It is argued that, despite both sectors being affected by the same institutional rules and constraints at the EU level, and both being central to the delivery of high-quality health care in Europe, there are a surprising number of differences between the regulatory frameworks. That this stems in part from their different “launch” times, hence different institutional conditions of regulation, and commensurate political climates, as well as reflecting different aims and goals among member-state and EU-level policy makers, are among the paper's main conclusions.     

Withering in the Heat? In Search of the Regulatory State in the Commonwealth Caribbean

This article explores the “regulatory state hypothesis” in the context of electricity and telecommunications regulation in Jamaica and Trinidad and Tobago. This article questions whether institutional features associated with the regulatory state are triggered by a preference for efficiency and added complexity within the policy domain. This article progresses in three steps. After setting out the regulatory state hypothesis as derived from the work by Giandomenico Majone and its empirical consequences, the article explores the four cases in brief. Although the empirical evidence broadly supports the regulatory state hypothesis across domains, states and over time, some puzzles in terms of reform trajectories and extent of regulatory reform do emerge. The final section explores these puzzles through an actor‐centered institutional perspective. It is suggested that the “regulatory state hypothesis” may be useful for predicting institutional arrangements, but has difficulty in accounting for the extent of regulatory reform and timing.     

Agencies’ formal independence and credible commitment in the Latin American regulatory state: A comparative analysis of 8 countries and 13 sectors

This article tests functional and institutional explanations for the different levels of formal independence of regulatory agencies in Latin America. The analysis is grounded in an original database of the formal independence level of 104 regulators in 8 countries and 13 regulatory sectors. The results challenge a central claim of the credible commitment hypothesis as they indicate that privatization is not a significant determinant of agency independence nor are utility regulators more likely to be independent than other economic regulators. Veto players are positively correlated with formal independence, indicating that in developing countries they operate together as credibility‐enhancing mechanisms, rather than as functional equivalents, as previous studies on developed countries have shown. Democratization is positively correlated with formal independence, whereas trade opening and vulnerability to international pressures has no significant impact. Hence, this article enhances the understanding of the delegation of regulatory powers to formally independent agencies in developing countries.     

Compliance costs,regulation, and environmental performance: Controlling truck emissions in the US

When explaining regulatory policymaking and the behavior of regulated business firms, scholars have supplemented economic models by emphasizing the role of public‐regarding entrepreneurial politics and of normative pressures on firms. This article explores the limits of such entrepreneurial politics and “social license” pressures by examining regulation of emissions from diesel powered trucks in the US. We find that the economic cost of obtaining the best available control technology – new model lower emissions engines – has: (i) limited the stringency and coerciveness of direct regulation of vehicle owners and operators; (ii) dwarfed the reach and effectiveness of the governmental programs that subsidize the purchase of new less polluting vehicles; and (iii) elevated the importance of each company’s “economic license”– as opposed to its “social license”– in shaping its environmental performance. The prominence of this “regulatory compliance cost” variable in shaping both regulation and firm behavior, we conclude, is likely to recur in highly competitive markets, like trucking, that include many small firms that cannot readily either afford or pass on the cost of best available compliance technologies.     

The regulatory state and the UK Labour Government's re‐regulation of provision in the English National Health Service

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.     

The Political Foundations of the Eurocracy

This article explores the politics behind the design of EU regulatory institutions. The EU has established an extensive ‘Eurocracy’ outside of the Commission hierarchy, including over 30 European agencies and a number of networks of national regulatory authorities (NRAs). The article examines the politics of institutional choice in the EU, explaining why EU policy-makers create agencies in some policy areas, while opting for looser regulatory networks in others. It shows that the design of EU regulatory institutions – ‘the Eurocracy’ – is driven not by functional imperatives but by political considerations related to distributional conflict and the influence of supranational actors.     

Collaborative Innovation: A Viable Alternative to Market Competition and Organizational Entrepreneurship

There are growing pressures for the public sector to be more innovative but considerable disagreement about how to achieve it. This article uses institutional and organizational analysis to compare three major public innovation strategies. The article confronts the myth that the market‐driven private sector is more innovative than the public sector by showing that both sectors have a number of drivers of as well as barriers to innovation, some of which are similar, while others are sector specific. The article then systematically analyzes three strategies for innovation: New Public Management, which emphasizes market competition; the neo‐Weberian state, which emphasizes organizational entrepreneurship; and collaborative governance, which emphasizes multiactor engagement across organizations in the private, public, and nonprofit sectors. The authors conclude that the choice of strategies for enhancing public innovation is contingent rather than absolute. Some contingencies for each strategy are outlined.     

The iteration deficit in responsive regulation: Are regulatory ambassadors an answer?

One reason that regulation is difficult is that repeated encounters between regulator and regulatee are rare. We suggest diplomacy as a model for reconfiguring regulatory institutions in response. Ambassadors for Regulatory Affairs who would be agents for all state regulatory agencies could be based in most large firms and small and medium enterprises that pose unusual regulatory risks. In rural towns, police would be trained as regulatory ambassadors. Just as a US Secretary of State can launch a “diplomatic surge” in Myanmar from 2009, so regulatory surges are possible in market sectors of high risk or high opportunity. We propose strategies of indirect reciprocity as a way in which reciprocity that is only episodic in these strategic ways can promote more general responsiveness. Indirect reciprocity is reciprocity that we do not personally experience, but learn from the experience of a culture. This means that so long as we sustain regulation as a relational as opposed to a purely technocratic process, indirect reciprocity might civilize regulatory compliance in an historical process informed by the theories of Elias and Putnam.     

The Politics of 'Eurocratic' Structure and the New European Agencies

The establishment of agencies at the European level is one of the most notable recent developments in EU regulatory policy. This article examines how politics has shaped the design of EU regulatory agencies. Building on the American politics literature on delegation, the article explains how principal-agent concerns and political compromise have influenced agency design in the EU context; shows how conflicts between the EU's primary legislative actors - the Council and the Parliament - and its primary executive actor - the Commission - have influenced the design of new bureaucratic agencies; and discusses how the growing power of the European Parliament as a political principal has changed the politics of agency design.     

Regulatory inspection and the changing legitimacy of health and safety

The regulation of conduct via law is a key mechanism through which broader social meanings are negotiated and expressed. The use of regulatory tools to bring about desired outcomes reflects existing social and political understandings of institutional legitimacy, the meanings attached to regulation, and the values it seeks to advance. But these contextual understandings are not static, and their evolution poses challenges for regulators, particularly when they reflect political framing processes. This paper shows how inspection has been reshaped as a tool within the United Kingdom's health and safety system by changes in the meanings attached to the concept of “risk‐based regulation.” While rates of inspection have fallen dramatically in recent years, the nature and quality of inspection have also been fundamentally reshaped via an increasingly procedural and economically rational “risk‐based” policy context. This has had consequences for the transformative and symbolic value of inspection as a tool of regulatory practice.     

Transparency in transnational governance: The determinants of information disclosure of voluntary sustainability programs

The rise of “new” transnational governance has intensified debates about a lack of accountability in global politics. Reviewing the mechanisms through which transparency can foster accountability beyond the state, this article explores the determinants of information disclosure in the field of transnational sustainability governance. Examining the institutional design of 113 voluntary sustainability programs, we find a positive correlation between the involvement of public actors and information disclosure. In contrast, the role of civil society is more ambiguous. There is no statistical support for arguments linking non‐governmental organization participation to increased transparency. At the same time, our analysis reveals a robust correlation between civil society‐led metagovernance and information disclosure. Moreover, we find that crowding has a negative effect on transparency, whereas normative peer pressures have no influence. At a broader level, the analysis reveals a lack of “deep transparency” among transnational sustainability governors. This limits the scope for transparency‐induced accountability in this policy domain.     

When risk‐based regulation aims low: A strategic framework

This article develops a strategic framework for regulators to employ when choosing intervention strategies for dealing with low risks and reviewing performance, building on the analysis by the same authors in the previous edition of this journal. The framework occupies the operational “middle ground” between risk analysis and formal enforcement action. At its core is a matrix, the Good Regulatory Intervention Design (GRID), which provides a framework to categorize sites or activities on the basis of two factors: the nature of the risk and the nature of the regulatee. Using GRID, regulators can select which intervention tools to use, and determine the overall level of regulatory intensity that should apply. GRID is accompanied by the Good Regulatory Assessment Framework (GRAF) for agencies to use in reviewing their performance and provides a step‐by‐step process for enabling “double loop learning.” The article also argues that the process of developing such a framework highlighted the extent to which “low risk” and “high risk” regulation are distinct. “Low risk” means “low priority.” Justifying why certain risks should not receive much regulatory attention requires a particular type of engagement, and has a bearing on the regulatory strategies that are adopted.     

Neighborhood Disorder and Local Participation: Examining the Political Relevance of “Broken Windows”

Anyone who has lived in, driven through or walked by a “bad” neighborhood has a sense of the attributes that render such places unique: graffiti, litter, public intoxication and much more. According to the well-known theory of “broken windows,” these readily observable corporeal characteristics signal neighborhood disorder and lead to increased criminal behavior. This article investigates the implications of disorder for political behavior, taking particular care to distinguish between the objective tangible conditions of disorder and residents’ subjective interpretations of those conditions. Utilizing exceptionally rich data, this analysis reveals that while certain aspects of objective “reality” are consequential, perceptions of such reality are a more powerful mechanism through which neighborhood disorder impacts local political engagement. For some political outcomes, a heightened sense of the problems associated with disorder is linearly associated with an increase in participation. For others, the pattern is parabolic: those who perceive so little disorder that they remain content or so much disorder that they become disaffected are substantially less likely to take action to make their communities better. Ultimately, holding objective contextual features constant, the lenses through which residents interpret things like “broken windows” are critical determinants of grassroots politics. This information, combined with broader understandings of what shapes perceptions of disorder, lays the foundation for structuring policy in ways that facilitate grassroots activism—a vital component of the American democratic process.     

Constructing a global commons in,against and beyond the state

The “commons” is emerging as one of the progressive political key words of our time. Against a backdrop of continuing neoliberal governance of the global economy, there is interest in a “translocal” global commons as an alternative that transcends both state and capitalist forms of appropriation. In this paper, I offer a constructive critique of the global commons. While sympathetic to arguments about the deficiencies of state-centric forms of socialist projects for emancipation, I nevertheless argue that realizing the commons vision of a more democratic politics means continuing engagement with the state, particularly for connecting up and scaling up local autonomous projects to achieve more transformative social change.     

Manging state government operations: Changing visions of staff agencies

Centralized staff agencies embody the early 20th century bureaucratic reform vision of good government. The behavior of these agencies, as well as the conception of administration contained in the bureaucratic reform vision, are often criticized. Feasible alternative conceptions of staff-line-overseer relations are only beginning to emerge through the contextual development of public management ideas and incremental innovation. This article draws on experience in Minnesota state government in order to formulate a “post-bureaucratic” conception of staff-line-overseer relations. In addition, strategies embedding this conception in the practice of the purchasing, staffing, information policy, and internal service functions are briefly explored.