共查询到20条相似文献，搜索用时 15 毫秒
1.
Darcy W. E. Allen Chris Berg Aaron M. Lane Patrick A. McLaughlin 《Australian Journal of Public Administration》2021,80(1):114-137
The problem of regulatory accumulation has increasingly been recognised as a policy problem in its own right. Governments have then devised and implemented regulatory reform policies that directly seek to ameliorate the burdens of regulatory accumulation (e.g. red tape reduction targets). In this paper we examine regulatory reform approaches in Australia through the lens of policy innovation. Our contributions are twofold. We first examine the evolutionary discovery process of regulatory reform policies in Australia (at the federal, intergovernmental, and state levels). This demonstrates a process of policy innovation in regulatory mechanisms and measurements. We then analyse a new measurement of regulatory burden based on text analytics, RegData: Australia. RegData: Australia uses textual analysis to count ‘restrictiveness clauses' in regulation – such as ‘must’, ‘cannot’ and ‘shall’ – thereby developing a new database (RDAU1.0). We place this ‘restrictiveness clauses’ measurement within the context of regulatory policy innovation, and examine the potential for further innovation in regulatory reform mechanisms. 相似文献
2.
Regulation plays a vital role in reducing harms and promoting public order. However, regulatory reform has been likened to painting the Sydney Harbour Bridge, it never ends. Coupling this reality with the increasing array of areas requiring regulation, there is an acute need for regulators to become more effective in how they work. We discuss the leadership skills needed to ensure regulators consistently contribute to the creation of public value.
Points for practitioners
- Regulators can be more effective when they appreciate their authorising environment and the factors which make that environment dynamic.
- Careful calibration of enforcement practices to the capabilities of those being regulated can reduce conflicts and improve outcomes.
- Regulators with good communication skills can do much to resolve apparently intractable disputes.
3.
John S. F. Wright 《Regulation & Governance》2009,3(4):334-359
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. 相似文献
4.
Following the traditional doctrine of the “regulatory state”, regulatory agencies should be given very focused mandates and stay away from the politicized realm of distributive policies and decisions. An opposing perspective would state that if regulatory agencies can contribute to economic redistribution, positive results such as network expansion, economies of scale, and fiscal efficiency will ultimately lead to lower levels of regulatory failure. This article tests whether, in countries of high socio-economic inequality, such as Brazil, the active incorporation of distributive considerations by regulatory agencies leads to lower levels of failure. Through the analysis of the activities of seven Brazilian network regulatory agencies, the article develops theory-driven expectations and tests these expectations using crisp set Qualitative Comparative Analysis (csQCA). It concludes that not prioritizing redistribution is a necessary but not a sufficient condition for regulatory agencies' failure. In most types of failure, a lack of priority to redistribution leads to failure when combined with low regulatory capacity and low levels of competence. 相似文献
5.
Competing accounts of the effect of globalization on labor politics agree that firms influence regulations, but make contrasting predictions for which firms are most likely to oppose regulations. Using survey data from employers in 19,000 manufacturing firms in 82 developing countries, we examine the determinants of employers’ opinions toward labor regulation. In contrast to the predictions of optimistic theories of globalization, we find that (i) firms that export are more likely to have negative opinions toward labor regulation than those that sell domestically, and (ii) firms that receive foreign direct investment have similar views as firms that rely only on domestic capital. Further, we show that systematic differences in employers’ opinions depend on the intensity of the competitive pressures they face and their use of skilled workers. In doing so, we provide an empirically grounded account of the heterogeneous opinions of key actors in economic policymaking in developing countries. 相似文献
6.
Ana Carolina Garriga 《Regulation & Governance》2017,11(2):143-165
This article explores the effect of delays in updating prudential regulation on the likelihood of a country experiencing banking crises, and it disentangles the impact of different aspects of regulation on crisis onset. I argue that delays in revision to banks' prudential regulation allow banks to adopt risky behavior, which increases a country's vulnerability to systemic banking crises. This effect, however, is conditional on the level of liberalization of the financial market. At lower levels of liberalization, banks have stronger incentives to escape the constraints of regulation and to take advantage of regulatory lags. At high levels of liberalization, the effect of regulatory lags is curbed, possibly by market discipline. Statistical analyses on a sample of developed and developing countries from 1974–2005 support this argument and help rule out the competing learning hypothesis. These results suggest that the effects of institutions can vary with the passage of time. 相似文献
7.
8.
Rene Urueña 《Regulation & Governance》2012,6(3):282-299
This article interprets the regulatory state in Colombia as the result of a dialectic process between transnational knowledge and domestic politics, which influence, transform, and inspire each other. Such a process results in an interesting constitutional variant of the regulatory state, in which neo‐constitutionalism becomes a counterbalance to the unchecked expansion of neo‐liberal regulatory practices. I, therefore, distinguish between neoliberal and constitutional regulatory states. As a result of neo‐constitutionalism, the domestic judiciary is empowered, and becomes a crucial actor to understand both the specific traits of this regulatory experience, and its interaction with global centers of power. 相似文献
9.
Studies on regulatory encounters have shown that the interaction between regulator and regulatee is important for implementation of public policy. Much of this research examines how the behavior of frontline workers in such encounters affects regulatee compliance, that is, an outcome of the encounter, but we know less about the behavior that regulatees bring to these encounters. This paper therefore examines how businesses behave in encounters with regulatory authorities, and whether we can identify distinct, multidimensional types of encounter behavior. Using survey data from representative samples of Danish businesses and an exploratory cluster analysis, we identify five types of encounter behavior. We label these “Cooperators,” “Accommodators,” “Game players,” “Protesters,” and “Fighters.” We believe this framework provides a useful next step in a research agenda on businesses' behavior in regulatory encounters. 相似文献
10.
Despite paying a great deal of attention to the effects of divided government on legislative outputs, scholars of American politics have surprisingly ignored the potential impact of divided government on bureaucratic regulatory outputs. In this article we argue that divided government should reduce the volume of federal agency rulemaking. We test this hypothesis against a data set covering 21,000 rules from 1983 to 2005. Our study is one of the first to analyze the determinants of federal bureaucratic rulemaking activity across such a long period of time. Our results demonstrate that during periods of divided government, agencies issue fewer rules and fewer substantively significant rules than they do during periods of unified government. These findings suggest that divided government impedes agency rulemaking. 相似文献
11.
Leonard Tivey 《West European politics》2013,36(1):125-128
Politics in Industrial Society. By Keith Middlemas. London: Andre Deutsch, 1979. Pp.512. £14.95 (case). £5.95 (paper). The Politics of the Corporate Economy. By Trevor Smith. Oxford: Martin Robertson, 1979. £17.50. Governing Under Pressure: The Policy Process in a Post‐Parliamentary Democracy. By J.J. Richardson and Grant Jordan. Oxford: Martin Robertson, 1979. £16.50 (case). £5.90 (paper). 相似文献
12.
Peter J. May 《Regulation & Governance》2007,1(1):8-26
This research considers accountability issues for new forms of regulation that shift the emphasis from prescribing actions to regulating systems or regulating for results. Shortfalls at various levels of accountability are identified from experiences with these regimes in the regulation of building and fire safety, food safety and nuclear power plant safety. These experiences illustrate how accountability shortfalls can undermine regulatory performance and introduce a potential for subtle forms of regulatory capture. These concerns underscore the importance of finding the right fit between regulatory circumstances and the design of regulatory regimes. 相似文献
13.
Sharon Gilad 《Regulation & Governance》2010,4(4):485-506
Regulators in different countries and domains experiment with regulatory tools that allow organizations to adapt regulation to their individual circumstances, while holding them accountable for their self-regulation systems. Several labels have been coined for this type of regulation, including systems-based regulation, enforced self-regulation, management-based regulation, principles-based regulation, and meta-regulation. In this article, these forms of regulatory governance are classified as belonging to one family of “process-oriented regulation.” Based on a review of diverse empirical and theoretical research, it is suggested that the family of process-oriented regulation tends to have a positive, albeit varied, impact on organizations' performance, and the factors that shape this inconsistent effect are analyzed. Building on aspects of Parker's normative construct of “meta-regulation,” the article explores the extent to which her innovative notion of a learning-oriented approach to regulation might overcome some of the weaknesses of prevalent process-oriented approaches. It is proposed that under conditions of regulatory uncertainty or entrenched and prevalent non-compliance or both, meta-regulation is likely to have many advantages over other forms of process-oriented regulation. Yet realizing these advantages requires a rare combination of high regulatory capacity, a stable regulatory agenda, and a supportive political environment. 相似文献
14.
Heikki Marjosola 《Regulation & Governance》2021,15(2):388-407
Regulatory arbitrage, or the ability of financial firms to circumvent or neutralize rules, is a classic problem of financial regulation. This article draws on transaction cost economics (TCE) to reformulate this old problem, thus defining regulatory arbitrage as a contracting hazard arising from interactions between the regulator and regulated firms, given bounded rationality and opportunism. Following standard TCE, the article first characterizes the implicit regulatory contract in finance, focusing in particular on the mobile and elastic nature of regulated actors and financial assets as well as the contested utility of financial innovation. It is then argued that this incomplete and hazard-prone regulatory bargain must be matched with a governance structure that both adapts to unforeseen circumstances and avoidance strategies and copes with radical uncertainty about the welfare consequences of financial innovation. To that end, the article discusses how a governance structure here termed “relational regulation” might facilitate such ex post governance under uncertainty. 相似文献
15.
Peter Carroll 《Australian Journal of Public Administration》2008,67(1):57-68
The aim of this article is to assess the Report of the Commonwealth Government's Taskforce on Reducing the Regulatory Burden on Business (the Banks Report), released in April 2006, and the government's response to the Report ( AG 2006a,b ). It focuses on the report's recommendations in regard to the system for making regulation in regard to business, particularly the regulation impact statement process (RIS), contained in chapter seven. This focus is chosen since it is the chapter in the report that addresses the underlying causes of over‐regulation. 相似文献
16.
Jos Carlos Marques 《Regulation & Governance》2019,13(2):157-176
Studies using the Regulatory–Intermediary–Target (RIT) framework have examined a variety of forms of regulatory capture, including how targets capture intermediaries (T?I) and how intermediaries capture regulators (I?R). Little attention has been paid to why and how regulators themselves might engage in capture. Yet such a scenario is likely in transnational governance settings characterized by regulatory competition and conflict, as well as power differentials between different types of private regulators (non‐governmental organizations, multinational corporations, and business associations). This paper elucidates why and how a private regulator might capture another private regulator via a regulatory intermediary: R1?I?R2. Drawing on interview and archival data, I examine three industry‐driven regulatory intermediaries created to harmonize private labor codes of conduct and ethical audit processes. These are founded and governed by a small group of retail trade associations and global retailers who also fulfill the role of private regulators (R1). My analysis reveals that the creation of these intermediaries is driven by global retailers’ reliance on standardization, low transaction costs, and regulatory harmonization across all aspects of their operations. It further reveals how the harmonization platforms are designed to leverage global retailers’ market power and evolve from regulatory intermediaries into de facto regulators that supplant existing private regulators (R2), and thereby capture transnational governance of consumer product supply chains. The article concludes by discussing contributions, implications, and avenues for future research. 相似文献
17.
Ioannis Kampourakis 《Regulation & Governance》2021,15(3):745-759
This article frames whistleblowers as regulatory intermediaries who provide a response to the problem posed by the fragmentation of knowledge in a complex society and market economy. I identify two ways in which whistleblowers become regulatory intermediaries: The first is by remedying informational asymmetries between the regulator and the target (instrumental approach). Both in the United States and in the European Union, whistleblowers are protected on the basis of the value of the disclosed information for the advancement of regulatory objectives. The second way in which whistleblowers become regulatory intermediaries is by contributing to the development of “communities of compliance” and by enhancing the internal self-regulatory capacities of regulatory targets (reflexive approach). Creating internal channels of reporting and monitoring is perceived as a way to change the organizational culture of targets. Through the instrumentalism – reflexivity dipole, competing rationales and normative visions of regulatory intermediation become apparent: It could, on the one hand, facilitate state intervention and legal sanctions or, on the other hand, signal the aspiration to embed public and social values in private actors. 相似文献
18.
Martino Maggetti 《Regulation & Governance》2007,1(4):271-294
The phenomenon of delegating public authority from elected politicians (or ministries headed by elected politicians) to formally independent regulatory agencies (RAs) is becoming increasingly widespread. This paper examines the relation between formal independence, as prescribed in the constitutions of agencies, and de facto independence. Toward this end, it conceptualizes and assesses de facto independence of RAs, and discusses organizational, institutional, and political explanations for divergence from formal independence. The complex relations between de facto and formal independence are examined with a cross‐national, cross‐sectoral comparison of 16 Western European RAs using fuzzy‐set analysis. The results show that formal independence is neither a necessary nor a sufficient condition for explaining variations in the de facto independence of agencies. Other factors, such as the lifecycle of agencies, veto players, and European networks of agencies, have a decisive impact. 相似文献
19.
Thomas R. Johnson 《Regulation & Governance》2016,10(1):14-28
In China, urban middle class mobilization against potential pollution risk has become increasingly common. This article examines this phenomenon through a detailed case study of a 2009 anti‐waste incinerator campaign in the Panyu District of Guangzhou, which culminated in a sizeable public protest and government U‐turn. This episode revealed tension between the narrow, state‐centered regulatory model fixated on end‐of‐pipe pollution control, and a much broader decentered approach advocated – and practiced – by project opponents, which incorporated public consultation and much greater emphasis on upstream waste reduction and sorting. In the process, the Panyu campaign progressed beyond a case of “regulation by escalation,” whereby beneficial regulations are belatedly enforced following populist pressure. Instead, it transformed into an open dialogue between a plurality of actors, including citizens, journalists, experts, and officials, about what regulation should constitute and who should determine acceptable levels of risk. By focusing on the processes through which regulatory issues emerged and changed during the Panyu campaign, this article highlights the regulatory dynamism of environmental mobilization in a context of regulatory uncertainty, and campaigns against “locally unwanted land uses” more broadly. 相似文献
20.
Lobbying is central to the democratic process. Yet, only four political systems have lobbying regulations: the United States, Canada, Germany and the EU (most particularly, the European Parliament). Despite the many works offering individual country analysis of lobbying legislation, a twofold void exists in the literature. Firstly, no study has offered a comparative analysis classifying the laws in these four political systems, which would improve understanding of the different regulatory environments. Secondly, few studies have analysed the views of key agents—politicians, lobbyists and regulators—and how these compare and contrast across regulatory environments.
We firstly utilise an index measuring how strong the regulations are in each of the systems, and develop a classification scheme for the different 'ideal' types of regulatory environment. Secondly, we measure the opinions of political actors, interest groups and regulators in all four systems (through questionnaires and elite interviews) and see what correlations, if any, exist between the different ideal types of system and their opinions. The conclusion highlights our findings, and the lessons that can be used by policy-makers in systems without lobbying legislation. 相似文献
We firstly utilise an index measuring how strong the regulations are in each of the systems, and develop a classification scheme for the different 'ideal' types of regulatory environment. Secondly, we measure the opinions of political actors, interest groups and regulators in all four systems (through questionnaires and elite interviews) and see what correlations, if any, exist between the different ideal types of system and their opinions. The conclusion highlights our findings, and the lessons that can be used by policy-makers in systems without lobbying legislation. 相似文献