Lessons to be learnt? The role of evaluations of active labour market programmes in evidence‐based policy making

The interest in results‐based policy formulation requires us to examine the impact of evaluations. This article focuses on the production and use of impact evaluations of UK active labour market programmes. It is intended to be useful for non‐evaluators and for those working in developing and transition countries. The UK provides a case study where there is good evaluation data, available expertise and high‐level political commitment to evaluation. However, obstacles remain in the generation and use of impact data. The article seeks to identify the opportunities and difficulties faced in the UK, and it considers the implications for other countries. It suggests that the measurement of impact concepts will prove difficult in countries that do not have sound administrative data, comprehensive labour market statistics and well‐established macroeconomic and tax‐benefit models. Furthermore, the use of evaluation data may be limited by a range of factors, most crucially those emanating from the legislative and policy‐making environment. The conclusion is that if knowledge‐based policy management is to be improved, changes in evaluation methodology will only be effective if supported by changes in the wider government environment. Copyright © 2006 John Wiley & Sons, Ltd.     

An overview: A new era of tax enforcement – from “big stick” to responsive regulation

Recent developments in regulation and tax administration in Australia inspired this article on tax compliance and responsive regulation. This article analyzes the economics of crime and compliance as the dominant approach to tax enforcement of the past three and a half decades. It evaluates the key advantages and disadvantages of the economic approach as well as its application to tax. The article then explores responsive regulation as an alternative method that draws on the economic paradigm but also supplements this approach with other theories, particularly those involving identity, conflict escalation, and procedural justice. Building on this analysis and a case study of Australian investors in mass marketed tax schemes, the article suggests that the broader, more balanced, and closely tailored method of regulating responsively may enable regulators to draw on the advantages of the economic model while alleviating some of its drawbacks. Responsive regulation may therefore constitute a superior method for regulating compliance.     

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.     

The effectiveness of NGO self‐regulation: theory and evidence from Africa

Non‐governmental organizations (NGOs) play an increasingly important role in public service provision and policy making in sub‐Saharan Africa, stimulating demand for new forms of regulatory oversight. In response, a number of initiatives in NGO self‐regulation have emerged. Using cross‐national data on 20 African countries, the article shows that self‐regulation in Africa falls into three types: national‐level guilds, NGO‐led clubs and voluntary codes of conduct. Each displays significant weaknesses from a regulatory policy perspective. National guilds have a broad scope, but require high administrative oversight capacity on the part of NGOs. Voluntary clubs have stronger standards but typically have much weaker coverage. Voluntary codes are the most common form of self‐regulation, but have the weakest regulatory strength. This article argues that the weakness of current attempts to improve the accountability and regulatory environment of NGOs stems in part from a mismatch between the goals of regulation and the institutional incentives embedded in the structure of most self‐regulatory regimes. The article uses the logic of collective action to illustrate the nature of this mismatch and the tradeoffs between the potential breadth and strength of various forms of NGO self‐regulation using three detailed case studies. Copyright © 2008 John Wiley & Sons, Ltd.     

Reform of Press Self‐regulation

In July 2011 following the revelations about phone hacking, all three political party leaders called for radical reform of the current system of press self‐regulation. Those within the press itself, including the Daily Mail, also conceded that serious changes were necessary. At the same time both politicians and press stressed the importance of protecting the freedom of the press and preventing undue government interference. Starting with both these pre‐requisites in mind—the creation of a new independent system and the protection of press freedom—this essay suggests four possible models of reform. For each model the essay sketches the basic parameters of reform and then suggests three problems associated with each. It argues against those who claim that anything more than small changes to the status quo would be too costly, would threaten press freedom, or would be technologically impractical.     

The 2017 General Election,Brexit and the Return to Two‐Party Politics: An Aggregate‐Level Analysis of the Result

The outcome of the 2017 general election—a hung parliament—defied most predictions. In this article, we draw on aggregate‐level data to conduct an initial exploration of the vote. What was the impact of Brexit on the 2017 general election result? What difference did the collapse of UKIP make? And what was the relative importance of factors such as turnout, education, age and ethnic diversity on support for the two main parties? First, we find that turnout was generally higher in more pro‐remain areas, and places with high concentrations of young people, ethnic minorities and university graduates. Second, we find that the Conservatives made gains in the sort of places that had previously backed Brexit and previously voted for UKIP . But, third, we find that the gains the Conservatives made from the electoral decline of UKIP were offset by losses in the sort of places that had previously supported the Conservatives, particularly areas in southern England with larger numbers of graduates. The implication of these findings is that while a Brexit effect contributed to a ‘realignment on the right’, with the Conservative strategy appealing to people in places that had previously voted for UKIP , this strategy was not without an electoral cost, and appears to have hurt the party in more middle class areas.     

Limits to non‐state market regulation: A qualitative comparative analysis of the international sport footwear industry and the Fair Labor Association

Non‐state market regulation has become a central focus and continues to receive scholarly attention. The present paper provides an assessment of the conditions under which multinational firms join a multi‐stakeholder certification initiative. The cases of the Fair labor Association and 17 international sport footwear companies have been selected for this purpose. A Qualitative Comparative Analysis of the 17 cases is performed. The paper argues that the combination of sustained NGO pressure and public ownership of a firm is a necessary precondition for firms joining a multi‐stakeholder certification initiative. The theoretical and policy implications of this result are discussed.     

When doctors shape policy: The impact of self‐regulation on governing human biotechnology

This paper investigates the development and adoption of governance modes in the field of human biotechnology. As the field of human biotechnology is relatively new, voluntary professional self‐regulation constituted the initial governing mode. In the meantime, with the exception of Ireland, all Western European countries have moved toward greater state intervention. Nevertheless, they have done so in contrasting ways and the resulting governance modes for assisted reproductive technology and embryonic stem‐cell research vary greatly. Instead of imposing their steering capacity in a “top‐down” fashion, governments have taken pre‐existing self‐regulatory arrangements in the field into account and built up governance mechanisms in conjunction with private actors and pre‐existing modes of private governance. Our analysis demonstrates that the form and content of the initial self‐regulation explain why the self‐steering capacity of the medical profession was largely or at least partially preserved through hybrid governance systems in Britain and Germany, while in France the self‐regulation was entirely replaced by governmental intervention.     

Horses for courses: China's accommodative approach to food standard‐setting in response to the internationalization of regulation

This paper examines the evolution of China's food standard‐setting procedures from both domestic and international perspectives, particularly in the context of the internationalization of regulation. After the reform and opening‐up in 1978, state actors and leading enterprises monopolized the process of national food standard setting. With further participation in the global economy in the 21st century, China has become familiar with the international standard‐setting procedures and has modeled its domestic policymaking on these practices. This has resulted in a more transparent, inclusive, scientific, pluralized, and consensus‐based form of decisionmaking. By contrast, the standards of the strategic industries have been harmonized to the standards of international counterparts through a top‐down and authoritarian approach. This paper argues that China uses an accommodative approach, trichotomizing suitable standards and decisionmaking procedures in terms of inclusiveness and transparency, which suits the developmental needs of the domestic market, food export markets, and strategic industries.     

Market making via regulation: The role of the state in carbon markets

Proponents as well as critics of carbon trading underestimate the institutional and political underpinnings of evolving carbon markets. Based on institutionalist approaches, this paper argues that the strong embeddedness of carbon markets explains why certain characteristics (positive and negative) materialize. Focusing on the actors who initiate and who influence carbon markets, this article also shows that currently only states and intergovernmental agreements provide the necessary regulation for carbon markets to exist and to work. Today, neither market actors nor NGOs nor public private partnerships have the political power to set up, regulate or capture evolving market structures. Thus, whether or not market‐based instruments bring about the desired results depends on good public regulation, which is – at least up to now – represented by the state. Four instances of the commodification of carbon serve as illustrations: the European Union Emission Trading System (EU ETS); the Clean Development Mechanism (CDM); the voluntary market; and new sectoral approaches, particularly Reducing Emissions from Deforestation and Degradation (REDD+).     

Religious tides: The time‐variant effect of religion on morality policies

Morality policies evince a much closer relationship to religious doctrines than is the case in other policy areas and hence constitute a most likely case for the observation of religious effects on policymaking and regulatory change. Yet we still lack generally accepted answers to the questions of whether and how religion matters to morality policy. In this paper, we present a theoretical argument that helps to overcome the seemingly contradictory expectations derived from the secularization and religion matters hypotheses. We postulate a bottleneck effect of religious opposition: while religious influence matters most during early stages of the policy process when the problem definition of a moral issue is still in flux, it diminishes during later stages when the issue has made it onto the political agenda. We find evidence of the bottleneck effect in a dataset of policy permissiveness covering 26 countries and spanning 50 years for five morality policies (abortion, euthanasia, homosexuality, pornography, and same‐sex marriage). The data is analyzed via a multilevel model and using Bayesian inference.     

Enabling global principle‐based regulation: The case of risk analysis in the Codex Alimentarius

This paper deals with the creation of global principle‐based standards. For such standards to be accepted and effective, particular conditions must be fulfilled. One such condition, little explored, is that standard‐makers and ‐takers share knowledge about the meaning of the principles, as well as the practices through which they are likely to be applied. The paper shows that this condition is fulfilled when transnational cultural systems exist, by means of which both types of actors engage in the explication and representation of their practices so that a common, standard understanding emerges of how principles may be interpreted on the ground and informs the negotiations. A transnational cultural system is a crucial governance infrastructure to set global standards, as shown by the long history of creating a risk analysis guideline by the Codex Alimentarius, the inter‐governmental body for food standards.     

The Transformation of organic regulation: The ambiguous effects of publicization

The regulatory regime for organic products is different from other non‐state‐market driven (NSMD) regimes because it is the only one that evolved from a purely private into a regime where the establishment of minimum standards has become the monopoly of public powers. This article is the first to study the effects of the process of publicization, a term coined to characterize the transformation of private into public standards. The central hypothesis studied is that the process of publicization has empowerment and containment effects at the same time. To test the hypothesis the article analyses the effects of publicization on regulatory capabilities of private regulators as well as on the quality of the standards. The effects of publicization are further explored by comparing the legal and institutional architecture that shapes the coexistence of private and public regimes in the EU and the US, showing important differences between the two systems. The article offers a new perspective to look at the dynamic interaction between private and public regulation and its findings are of general relevance for the debate on the desirability of governmental intervention on private regulatory schemes.     

The anglicisation of political marketing: how Blair ‘out‐marketed’ Clinton

Despite increasing academic interest in political marketing, confusion remains over its meaning and scope. Whilst most research focuses on its use in election campaigns, some argue that marketing influences other aspects of political behaviour. This paper contends that a lack of comparative research has contributed to this confusion. Theories derived from country‐specific studies may not be broadly applicable due to the impact of systemic differences. To show this, it analyses the case studies of Clinton in the 1992 US presidential election and Blair in the 1997 UK general election. Comparing the use of marketing in the two cases reveals that while systemic features created the scope for a broader, more coordinated and delivery‐oriented approach in the case of Labour, in both cases marketing influenced the design as well as the presentation of the ‘products’ on offer. This suggests that the potential applications of political marketing are broader than conventional definitions imply. Copyright © 2002 Henry Stewart Publications.     

The idea of the legal regulation of war and its origin

The subject matter of the analysis in this paper is jus in bello and the very possibility of its existence. On the face of it, the concept that in the event of the outbreak of hostilities, the use of force against one＇s opponent should be somehow regulated and limited, which is stranger, and its origin is more difficult to explain, than the concept that human societies should live together in peace or that wars should only be begun on some ethical or legally acceptable grounds. It is likely that limits on the use of force, or at least pressures to keep it within a ritualized framework, are property of human beings that enabled our ancestors to live together as social animals. Something similar would have been applied for groups of such beings. Even though the tendency to regulate the use of force in war has existed in the earliest times, this is not a simple task and sets against this effort there are a number of factors that encourage the freest use of violent methods and weapons： The war is a serious business and the desire to win at all costs is very strong, the logic of war leads the combatants to employ all the forces that can be freed from elsewhere and make use of all available advantages and means, a combat is an emotional mater not only rational, etc. Against these forces, the factors that work in favor of the legal regulation of the use of force are： The existence of at least a basic common identity, a situation in which war does not have the characteristics of total war, ear of reprisals by the enemy, the principle of proportion of force used to the objectives, the existence of an approximately comparable moral code and warrior code of honor on both sides, and the need to legitimize war. The extent to which a given war will abide by legal regulation of the use of force depends on the result of the balance of the opposing factors listed above.     

The culture of risk regulation: Responses to environmental disasters

Disasters challenge the equilibrium of regulatory regimes and make policy shifts more likely. Using an institutional theory of cultural biases and the concept of cultural “surprise”, this article analyses the direction and intensity of media argumentation in respect of policy shifts. Instead of assuming a demand for greater State intervention after dramatic focusing events, as suggested by other theoretical frames, cultural theory opens a variety of options that range from embracing regulatory responses from different cultural biases to the radicalization of current, but failing, instruments. The analysis of media reaction to the environmental disasters caused by the oil spills of Exxon Valdez (United States), Erika (France) and Prestige (Spain) shows that the demand for more hierarchy does not monopolize the overall argumentation. The change demanded often implies a radicalization of a particular prevalent view where the associated institutional setting is failing its supporters.     

Attitudes towards highly skilled and low‐skilled immigration in Europe: A survey experiment in 15 European countries

To what extent do economic concerns drive anti‐migrant attitudes? Key theoretical arguments extract two central motives: increased labour market competition and the fiscal burden linked to the influx of migrants. This article provides new evidence regarding the impact of material self‐interest on attitudes towards immigrants. It reports the results of a survey experiment embedded in representative surveys in 15 European countries before and after the European refugee crisis in 2014. As anticipated by the fiscal burden argument, it is found that rich natives prefer highly skilled over low‐skilled migration more than low‐income respondents do. Moreover, the study shows that these tax concerns among the wealthy are stronger if fiscal exposure to migration is high. No support is found for the labour market competition argument predicting that natives will be most opposed to migrants with similar skills. The results suggest that highly skilled migrants are preferred over low‐skilled migrants irrespective of natives’ skill levels.     

Why meta-research matters to regulation and governance scholarship: An illustrative evidence synthesis of responsive regulation research

This article is an introduction to meta-research, a systematic and replicable process of synthesizing research findings across a body of original research. After introducing the reader to the core of meta-research methodology, meta-research logic and tools are applied to present an evidence synthesis of empirical research on responsive regulation. The article concludes with a meta-research agenda for regulation and governance scholarship, and five key lessons from the empirical responsive regulation literature.     

Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.