Historical perspective and better regulatory governance: An agenda for institutional reform

Compared to economics, sociology, political science, and law, the discipline of history has had a limited role in the wide‐ranging efforts to reconsider strategies of regulatory governance, especially inside regulatory institutions. This article explores how more sustained historical perspective might improve regulatory decisionmaking. We first survey how a set of American regulatory agencies currently rely on historical research and analysis, whether for the purposes of public relations or as a means of supporting policymaking. We then consider how regulatory agencies might draw on history more self‐consciously, more strategically, and to greater effect. Three areas stand out in this regard – the use of history to improve understanding of institutional culture; reliance on historical analysis to test the empirical plausibility of conceptual models that make assumptions about the likelihood of potential economic outcomes; and integration of historical research methods into program and policy evaluation.     

Regulatory Analysis Procedures and Political Influence on Bureaucratic Policymaking

Well‐known theories suggest that administrative procedures may be used as mechanisms of political control of the bureaucracy. This study investigates whether three common regulatory analysis procedures—cost‐benefit analysis, risk assessment, and economic impact analysis—lead to greater influence by political officials on bureaucratic policymaking. Multivariate analyses of data from a unique survey of state administrators indicate that regulatory analysis requirements are associated with decreases in the perceived influence of elected political officials on the content of administrative rules. This association is particularly evident in cases where proposed rules are subjected to a cost–benefit test. These findings contradict prominent theories of administrative procedures, but are consistent with recent research on the political power of administrative agencies.     

The rewards of cooperation: The effects of membership in European regulatory networks

Networks famously epitomize the shift from ‘government’ to ‘governance’ as governing structures for exercising control and coordination besides hierarchies and markets. Their distinctive features are their horizontality, the interdependence among member actors and an interactive decision‐making style. Networks are expected to increase the problem‐solving capacity of political systems in a context of growing social complexity, where political authority is increasingly fragmented across territorial and functional levels. However, very little attention has been given so far to another crucial implication of network governance – that is, the effects of networks on their members. To explore this important question, this article examines the effects of membership in European regulatory networks on two crucial attributes of member agencies, which are in charge of regulating finance, energy, telecommunications and competition: organisational growth and their regulatory powers. Panel analysis applied to data on 118 agencies during a ten‐year period and semi‐structured interviews provide mixed support regarding the expectation of organisational growth while strongly confirming the positive effect of networks on the increase of the regulatory powers attributed to member agencies.     

Decoupling trends: Drivers of agency independence in telecommunications: An analysis of high and middle-income countries

Global diffusion of regulatory reforms in telecommunications has prevailed in many countries, engendering major institutional changes and entailing the establishment and/or reform of regulatory agencies. Although the triggers and timing of such agentification processes have been more or less similar, agency independence displays significant cross-country variation. Seeking to explain such variation based on a sample incorporating middle-income countries (MICs), this paper examines the impact of political-institutional settings in which the agencies operate, in addition to the impact of economic parameters. Regression analysis reveals that political rights appear as the central parameter, while their impact is more robust in MICs than in advanced countries. The results underscore considerable cross-national variation in regulatory governance, along with a noteworthy decoupling between MICs and advanced countries. Concurring with the regulatory regionalism perspective, the paper delineates distinct regional clusters, albeit remaining agnostic about the determinants of such clusters.     

Can decision transparency increase citizen trust in regulatory agencies? Evidence from a representative survey experiment

Decision transparency is often proposed as a way to maintain or even increase citizen trust, yet this assumption is still untested in the context of regulatory agencies. We test the effect of transparency of a typical decision tradeoff in regulatory enforcement: granting forbearance or imposing a sanction. We employed a representative survey experiment (n = 1,546) in which we test the effect of transparency in general (providing information about a decision or not) and the effect of specific types of transparency (process or rationale transparency). We do this for agencies supervising financial markets, education, and health care. We find that overall decision transparency significantly increases citizen trust in only two of the three agencies. Rationale transparency has a more pronounced positive effect only for the Education Inspectorate. We conclude that the overall effect of decision transparency is positive but that the nature of the regulatory domain may weaken or strengthen this effect.     

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.     

Regulatory relationships across levels of multilevel governance systems: From collaboration to competition

The European Union and the United States are paradigmatic examples of multilevel governance systems that are also regulatory states. In both settings, informal networks of regulators preceded and existed alongside supranational (federal) regulatory agencies. The literature understood their rationale as preparatory to the creation of higher level agencies. This approach, however, cannot explain why informal regulatory networks still exist, years after the establishment of higher level agencies. What explains the persistence of informal regulatory networks? The argument of this article is that in multilevel governance systems, the relationship between regulatory networks and the supranational level of governance is coevolutionary and embodies struggles for autonomy and authority: as the multilevel governance system consolidates, the character of this relationship evolves from collaborative to competitive. The argument relies on a comparative historical analysis of two voluntary networks of energy regulators from the European Union and the United States, based on 27 interviews and archival research.     

G20 institutional transition and global tax governance

The G20 is in transition from a short-term crisis institution to long-term steering institution, adopting a new ‘G20 + established international organization’ governance approach. In this approach, the main role of the G20 is to set the agenda and build political consensus for global economic governance. The established international organization provides the technical support and facilitates proposal implementation, while the precondition for the G20 institutional transition is that the emerging economies need to participate on an equal footing with the advanced economies. The case of global tax governance is among the few success stories of the G20's institutional transition. Within the ‘G20 + OECD’ governance architecture, the G20 builds the political consensus that the profits should be taxed where they are performed, while the OECD proposes the technical Base Erosion and Profit Shifting Action Plan. In this way, the G20's political leadership and the OECD's technical advantage complement each other, making a giant leap in global tax governance.     

The Brazilian Association of Regulatory Agencies: Integrating levels,consolidating identities in the regulatory state in the south

This article discusses a unique organization in the regulatory world, the Brazilian Association of Regulatory Agencies (ABAR), which brings together federal, state, and municipal regulatory agencies across different policy sectors. The paper argues that as a regulatory policy network, ABAR has been crucial to the professional socialization, capacity building, and institutionalization of regulators in Brazil. Moreover, it has promoted their identity as professionals and differentiated them from politicians, regulatees, and societal actors. Thus, while ABAR raises the shield of expertise to secure independence from political and social interference, it has itself become a relevant actor in the country's regulatory political dynamics, contributing as such to the strengthening of the Brazilian regulatory state.     

Loyalty and competence in public agencies

Competent public agencies are associated with better economic outcomes. Beyond competence, political leaders need to secure the loyalty of their agencies. Unfortunately, several theories predict a tradeoff between these two valued features. This paper finds that recruitment into agencies is meritocratic where (1) agency officials have poor outside options, (2) careers in agencies are long-lasting, and (3) agency loyalty is important. Moreover, agency competence is lower when (4) loyalty is important but the time horizon is short, and (5) outside opportunities improve but the time horizon is long. This evidence fits best with a theory of loyalty as non-contractible behavior.     

Top‐Down Self‐Organization: State Logics,Substitutional Delegation,and Private Governance in Russia

This study investigates the counterintuitive emergence of self‐regulation in the Russian construction sector. Despite its proclivity for centralizing political authority, the government acted as the catalyst for the delegation of regulatory powers to private industry groups. The article argues that a factor little considered in extant literature—namely, a weak and corrupt bureaucracy—is key to explaining why the normally control‐oriented executive branch began to promote private governance despite industry's preference for continued state regulation. The article's signal contribution is to theoretically explain and empirically demonstrate how a government's prior inability to establish intrastate control over an ineffective and bribable public bureaucracy creates incentives for political authorities to search for alternative means for policy implementation outside of existing state agencies. These findings are important for understanding the impetus and logic behind particular regulatory shifts in countries where the state apparatus is both deficient and corrupt.     

What Makes an Agency Independent?

The responsiveness of government agencies to elected officials is a central question in democratic governance. A key source of variation in responsiveness is agency structure. Yet scholars often view agencies as falling into broad structural categories (e.g., cabinet departments or independent commissions) or fixate on some features of design (e.g., “for cause” protections). I develop new estimates of structural independence based on new data on 50 different structural features of 321 federal agencies in the federal executive establishment. Using a Bayesian latent variable model, I estimate independence on two dimensions: limits on the appointment of key agency decision makers and limits on political review of agency policy. I illustrate the value of this new measure by using it to examine how structure affects political influence and how agency independence can vary over time.     

New Political Governance in Westminster Systems: Impartial Public Administration and Management Performance at Risk

This article examines the phenomenon of increased political pressures on governments in four Westminster systems (Australia, Britain, Canada, and New Zealand) derived from changes in mass media and communications, increased transparency, expanded audit, increased competition in the political marketplace, and political polarization in the electorate. These pressures raise the risk to impartial public administration and management performance to the extent that governments integrate governance and campaigning, allow political staff to be a separate force in governance, politicize top public service posts, and expect public servants to be promiscuously partisan. The article concludes that New Zealand is best positioned to cope with these risks, in part because of its process for independently staffing its top public service posts. The article recommends this approach as well as the establishment of independently appointed management boards for public service departments and agencies to perform the governance of management function.     

Do parties matter in delegation? Partisan preferences and the creation of regulatory agencies in Europe

The ideological orientation of parties in government has not been prominently featured in explaining the rise of regulatory agencies. This paper argues that theories based on political uncertainty and credible commitment can yield meaningful predictions regarding the relationship between government preferences and the establishment of regulatory agencies, when ideological orientation is linked with notions of party competence and issue ownership. The empirical section tests three such hypotheses with data on the establishment of 110 regulatory agencies in 20 European democracies between 1980 and 2009, thus providing one of the most comprehensive cross‐national analyses of agency creation to date. The results show that ideologically extreme cabinets are more likely to establish regulatory agencies and that right‐wing governments create more agencies in the economic than in the social domain. These findings partly qualify the view on the scarce relevance of government preferences in explaining the rise of the agency model in regulation and that the emulation mechanism of the diffusion process is the dominant force behind agencification.     

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.     

Regulatory reform and governance: A survey of selected developing and transition economies

Regulation is now considered an integral instrument in developing policy toolkit to support market‐led, pro‐poor growth in developing and transition economies. Institutional environment in general and regulatory governance in particular have increasingly been viewed as a factor of competitiveness. In search for better governance, regulatory reform is critical. This article assesses regulatory reform in selected developing and transition economies by reporting the results of a survey on the application of regulatory governance policies, tools and institutions. It is found that in these countries regulatory reform has not shifted in approaches and objectives to taking a systematic view of regulatory governance and the means of promoting and enhancing it. It is suggested that, in order to improve regulatory governance, focus should be put on each of the three elements: regulatory policies, tools and institutions, and that centralised and concerted efforts are needed to integrate the elements. Copyright © 2009 John Wiley & Sons, Ltd.     

Secrecy,Security and Digital Literacy in an Era of Meta-Data: Why the Canadian Westminster Model Falls Short

The purpose of this article is to undertake a critical assessment of the governance of Canada's national security apparatus and, more specifically, the growing digitization and data-driven dimensions of such an apparatus. Over the previous decade, since 9/11, the advent of electronic government (e-government) and its emphasis on horizontality and interoperability became intertwined with the security apparatus of the public sector: the recent Snowden affair in the US has once again brought such discussions to the forefront. It is within such a context that the rise of ‘big data’ (or meta-data) as an identifiable term denotes a confluence of forces and contradictory tensions between openness and secrecy for the public sector both operationally and democratically. We examine Canada's Westminster insularity in this regard, how Canadian reforms meant to augment oversight and review capacities of security agencies have been stunted in recent years, and why such stalled actions matter to the privacy and safety of Canadian citizens. Conversely, a case for more openness and governance innovation is put forth premised on two main and inter-related directions: more political oversight and public dialogue on the one hand, and a greater emphasis on privacy as a responsibility on the other hand. Together these directions emphasize a more activist and participative civil culture that is central to ensuring societal resilience in an increasingly virtual and complex security environment.     

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.     

Understanding the rise of the regulatory state of the South*

This paper, and the special issue it introduces, explores whether, and how, the rise of the regulatory state of the South, and its implications for processes of governance, are distinct from cases in the North. With the exception of a small but growing body of work on Latin America, most work on the regulatory state deals with the US or Europe, or takes a relatively undifferentiated “legal transplant” approach to the developing world. We use the term “the South” to invoke shared histories of many countries, rather than as a geographic delimiter, even while acknowledging continued and growing diversity among these countries, particularly in their engagement with globalization. We suggest that three aspects of this common context are important in characterizing the rise of the regulatory state of the South. The first contextual element is the presence of powerful external pressures, especially from international financial institutions, to adopt the institutional innovation of regulatory agencies in infrastructure sectors. The result is often an incomplete engagement with and insufficient embedding of regulatory agencies within local political and institutional context. A second is the greater intensity of redistributive politics in settings where infrastructure services are of extremely poor quality and often non‐existent. The resultant politics of distribution draws in other actors, such as the courts and civil society; regulation is too important to be left to the regulators. The third theme is that of limited state capacity, which we suggest has both “thin” and “thick” dimensions. Thin state capacity issues include prosaic concerns of budget, personnel and training; thick issues address the growing pressures on the state to manage multiple forms of engagement with diverse stakeholders in order to balance competing concerns of growth, efficiency and redistribution. These three themes provide a framework for this special issue, and for the case studies that follow. We focus on regulatory agencies in infrastructure sectors (water, electricity and telecoms) as a particular expression of the regulatory state, though we acknowledge that the two are by no means synonymous. The case studies are drawn from India, Colombia, Brazil, and the Philippines, and engage with one or more of these contextual elements. The intent is to draw out common themes that characterize a “regulatory state of the South,” while remaining sensitive to the variations in level of economic development and political institutional contexts within “the South.”     

Domestic regulatory reform and transgovernmental networks: Brazil and China in the global competition regime

Developing countries increasingly participate in transgovernmental networks of global regulatory governance, but they do so in different ways. This article aims to provide an explanation for this variation for two of the major emerging powers in the world economy, Brazil and China, in their transition toward more active players in the global competition regime. Distinguishing between bilateral and multilateral transgovernmental networks and examining the domestic factors conditioning the transition of their national competition agencies from rule-takers to rule-promoters or rule-makers through these networks, the article makes theoretical contributions to the linkage between transgovernmentalism and the regulatory state. I argue that differing political needs and the incomplete process of regulatory state formation push domestic agencies to join transgovernmental networks, with a need for greater legitimacy steering the Brazilian regulators to multilateral networks and facilitating their transition from rule-takers to rule-promoters. The Chinese agencies' primary need for expertise rather than legitimacy, by contrast, led them to pursue technical assistance and cooperation via bilateral relationships. The Chinese approach has slowed its transition from rule-taker to rule-promoter where its norms and practices are aligned with the established powers. Such approach will further impede its transition into a global rule-maker in areas of competition law and policy where China's preferences diverge.