Constructing and contesting legitimacy and accountability in polycentric regulatory regimes

The legitimacy and accountability of polycentric regulatory regimes, particularly at the transnational level, has been severely criticized, and the search is on to find ways in which they can be enhanced. This paper argues that before developing even more proposals, we need to pay far greater attention to the dynamics of accountability and legitimacy relationships, and to how those in regulatory regimes respond to them. The article thus first seeks to develop a closer analysis of three key elements of legitimacy and accountability relationships which it suggests are central to these dynamics: The role of the institutional environment in the construction of legitimacy, the dialectical nature of accountability relationships, and the communicative structures through which accountability occurs and legitimacy is constructed. Second, the article explores how organizations in regulatory regimes respond, or are likely to respond, to multiple legitimacy and accountability claims, and how they themselves seek to build legitimacy in complex and dynamic situations. The arguments developed here are not normative: There is no “grand solution” proposed to the normative questions of when regulators should be considered legitimate or how to make them so. Rather, the article seeks to analyse the dynamics of legitimacy and accountability relationships as they occur in an attempt to build a more realistic foundation on which grander “how to” proposals can be built. For until we understand these dynamics, the grander, normative arguments risk being simply pipe dreams – diverting, but in the end making little difference.     

Regulatory enforcement against organizational insiders: Interactions in the pursuit of individual accountability

The UK Financial Conduct Authority has developed and implemented policies targeting individuals for regulatory non-compliance in the post-2008 crisis period. This article develops a tripartite framework that differentiates between individual–firm, regulator–individual, and regulator–firm interactions to capture the complexity of these enforcement proceedings. Drawing on interviews with stakeholders, administrative decisionmaking observations, and documentary analysis, it outlines the process of individualizing responsibility for non-compliance and finds that this approach poses evidential and investigative challenges for the regulator as a result of individual and corporate responses. The evidence shows that individuals are more likely than firms to engage in an adversarial response to an investigation rather than to settle. At the same time, through an inverse process of “corporatization” of the enforcement proceedings, firms may employ resources and strategies aimed at obscuring individual responsibility or binding together more closely the corporate and the individual case. The article concludes that the prospects of a successful outcome in investigating individuals depend not only on regulators' activities but also on corporate responses and on which managers are considered assets to the firm and which may be thrown to the wolves.     

The challenge of accountability in complex regulatory networks: The case of the Deepwater Horizon oil spill

A puzzle that faces public administrators within regulatory governance networks is how to balance the need for democratic accountability while increasingly facing demands from elected officials to optimize oversight of industry by utilizing the expertise of the private sector in developing risk‐based standards for compliance. The shift from traditional command and control oversight to process oriented regulatory regimes has been most pronounced in highly complex industries, such as aviation and deepwater oil drilling, where the intricate and technical nature of operations necessitates risk‐based regulatory networks based largely on voluntary compliance with mutually agreed upon standards. The question addressed in this paper is how the shift to process oriented regimes affects the trade‐offs between democratic, market, and administrative accountability frames, and what factors determine the dominant accountability frame within the network. Using post‐incident document analysis, this paper provides a case study of regulatory oversight of the deepwater oil drilling industry prior to the explosion of the Deepwater Horizon rig in the Gulf of Mexico, to explore how the shift to a more networked risk‐based regulatory regime affects the trade‐offs and dominant accountability frames within the network. The results of this study indicate that a reliance on market‐based accountability mechanisms, along with the lack of a fully implemented process‐oriented regulatory regime, led to the largest oil spill in US history.     

Risk and the limits of governance: Exploring varied patterns of risk‐based governance across Europe

Risk‐based approaches to governance are widely promoted as universally applicable foundations for improving the quality, efficiency, and rationality of governance across policy domains. Premised on the idea that governance cannot eliminate all adverse outcomes, these approaches provide a method for establishing priorities and allocating scarce resources, and, in so doing, rationalise the limits of what governance interventions can, and should, achieve. Yet cursory observation suggests that risk‐based approaches have spread unevenly across countries. Based on a comparison of the UK, France, and Germany, this article explores the ways in which, and why, such approaches have “colonised” governance regimes in the UK, but have had much more limited application in France and Germany. We argue that the institutionally patterned adoption of risk‐based governance across these three countries is related to how entrenched governance norms and accountability structures within their national polities handle both the identification and acceptance of adverse governance outcomes.     

Salt,high blood pressure,and performance‐based regulation

Performance‐based regulation is a new approach to public health promotion. The aim of this article is to explain how this idea might be applied to the public health goal of reducing salt consumption as a way of reducing high blood pressure and thereby saving lives. Performance‐based regulation is compared with competing regulatory strategies.     

Regulatory lags,liberalization, and vulnerability to banking crises

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.     

Citizen oversight of independent police services: Bifurcated accountability,regulation creep,and lesson learning

By examining developments in England and Wales this article considers police reform in the context of the tension between operational independence and citizen oversight. The article assesses the nexus between regulation and accountability in order to shed light on how a bifurcated accountability paradigm has protected police autonomy. Particular significance is attached to the cold‐blooded police shooting of an innocent man as a critical moment in the recent history of police governance. The lesson‐learning strategy of the Independent Police Complaints Commission, created under the Police Reform Act 2002, is singled out as an important driver of police reform. Although police governance reform in England and Wales is context specific, it is held that appreciation of the regulation accountability nexus and complaints as lesson‐learning opportunities are of significance in other jurisdictions and sectors.     

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.     

Evidence Based Policy: Principles of Transparency and Accountability

This article provides a practical guide for improving the quality of evidence‐based policy. Rather than adopting an approach that gives priority to particular types of research methodologies, this paper argues that evidence drawn from any methodology will improve if standards of transparency and accountability are followed in the process of gathering, analysing, interpreting, and presenting evidence for policy. The papers details what these standards of transparency and accountability mean in practice, how these standards can be achieved, and possible limits to their adoption.     

Performance accountability in the UN Secretariat – The conflictual way toward more flexibility

The article investigates accountability structures in the Secretariat of the United Nations (UN) by emphasizing the institutional design and the interaction between member states and Secretariat. Empirical findings indicate that reform endeavors toward a more performance‐based accountability in the UN Secretariat have fallen short. The article finds that mistrust between Secretariat and member states and among the member states themselves is predominantly responsible for the identified shortcomings and outlines how polarized the legislative organs – namely the member states – are. Evidently, a substantial concern of the countries represented in the G77 is that an empowerment of the Secretariat would ultimately lead to an empowerment of the influential donor countries and the permanent members of the Security Council. Consequently, the authors identify three main challenges that have to be handled in order to move toward a more performance oriented accountability structure: The creation of a trusting environment and strategic partnerships between the governing bodies, the further empowerment of senior managers, and a review of the current performance management system. Copyright © 2009 John Wiley & Sons, Ltd.     

Electoral accountability in the developing world

Do citizens of the developing world behave as economic voters? Do they blame and reward incumbent governments for their perceived economic performance? In addressing these questions, the current paper fills an important void left by the extant literature by adopting a large-n approach with the use of public opinion survey data and by focusing on emerging democracies of the developing world. The proposed analysis develops a series of incumbent support models to assess the impact of economic assessments. It relies on the use of public opinion survey data from countries of Latin America, Sub-Saharan Africa, South and East Asia, and the Arab world. The paper contributes to the extant literature at the empirical, methodological, and theoretical levels. Empirically, it provides a unique and systematic account of the phenomenon through a large-scale comparative approach. Theoretically, it contributes to the debate on the value of economic voting to explain electoral behavior in the developing world. Methodologically, it shows that using presidential approval is a fair alternative to vote choice and that a full model specification is not absolutely necessary to estimating the economic effect.     

Regulatory dynamism of environmental mobilization in urban China

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.     

Hardening corporate accountability in commodity supply chains under the European Union Deforestation Regulation

The European Union (EU) has recently introduced the Deforestation Regulation to close regulatory gaps in the sustainability and legality of global forest and agricultural commodity supply chains. We analyze this regulatory policy change by drawing on accountability scholarship and institutionalist theories of regulation. Our results show that the Regulation aims to enhance corporate accountability mechanisms through mostly state-based hard regulation of commodity supply chains, reducing the role of market incentives and private regulation. This policy change is found to be the result of strategic policy-oriented learning from perceived accountability failures of existing soft market-based instruments, voluntary trade agreements, and experience with market-correcting EU timber legality trade rules in a politically favorable context. The institutionalization of new forest-risk commodity supply chain accountability norms in new EU trade rules would, by design, harden foreign corporate accountability for negative socio-environmental externalities. However, the de-facto hardening will depend on the final regulatory design, acceptance, compliance, implementation, enforcement improvements, and avoidance of leakage effects.     

The usefulness of key performance indicators to public accountability authorities in East Asia

Has the mandated reporting of key performance indicators (KPIs) by public agencies to public accountability or reporting authorities in Taiwan, Hong Kong and Singapore helped these authorities in their task to hold the agencies to account? This article argues that the sheer existence of KPIs in public agencies' annual reports and budget papers does not automatically lead to their effective use by the authorities for making decisions about the agencies' performance achievements. The utilization of KPIs for making decisions by the participating authorities in these countries could be best described as careful and cautious because of their perceptions that the KPIs have failed to meet their performance information needs. Since the implementation of a performance measurement and reporting system has been linked to both instrumental and symbolic benefits, perhaps the main value of the current systems lies less with their ability to bring about instrumental benefits to reporting authorities and other stakeholders. Instead, their primary strength may be skewed towards their capacity to accrue symbolic benefits for the government. Copyright © 2007 John Wiley & Sons, Ltd.     

Conflict of interest regulation in European parliaments: Studying the evolution of complex regulatory regimes

The growing complexity of parliamentary ethics regulation adopted over the last decades makes the systematic examination of its nature and the rationales underpinning regulatory choices an important endeavor. In this paper we introduce conceptualizations and measurements of conflict of interest (COI) regulation directed toward assuring the impartial and unbiased decisionmaking of national parliamentarians. We distinguish the strictness of rules, the nature of enforcement, sanctions, and transparency requirements as core elements defining COI regimes. Applying our framework to 27 European democracies, we select two cases for in‐depth analysis in which legislators chose very different solutions in response to growing pressures to regulate themselves, to inductively explore the drivers underpinning the choice of COI mechanisms: the United Kingdom, which adopted a highly transparency‐oriented regime, and Belgium, which adopted a highly sanction‐oriented COI regime. Echoing neo‐institutionalist perspectives, the longitudinal analyses indicate how the two democracies’ different institutional environments shape distinct answers to similar functional pressures.     

Explaining the content of impact assessment in the United Kingdom: Learning across time,sectors, and departments

While several studies have documented how evidence‐based policy instruments affect public policy, less research has focused on what causes changes over time in the analyses mandated by the instruments, especially in Britain. Thus, we take the analytical content of a pivotal regulatory reform instrument (impact assessment) as a dependent variable, draw on learning as a conceptual framework, and explain the dynamics of learning processes across departments, policy sectors, and time. Empirically, our study draws on a sample of 517 impact assessments produced in Britain (2005–2011). Experience and capacity in different departments matter in learning processes. Guidelines also matter, but moderately so. Departments specialize in their core policy sectors when performing regulatory analysis, but some have greater analytical capacity overall. Peripheral departments invest more in impact assessment than core executive departments. The presence of a regulatory oversight body enhances the learning process. Elections have different effects, depending on the context in which they are contested. These findings contribute to the literature on regulation, policy learning, and policy instruments.     

Regulatory disempowerment: How enabling and controlling forms of power obstruct citizen-based regulation

Regulatory studies assume that citizens can act as regulators to complement or correct failing state and market forms of regulation. Yet, there is a growing literature that shows that in reality citizens may fail to be effective regulators. This paper systematically analyses how power inequalities obstruct citizens in their regulatory roles. It compares four case studies with highly different social and political contexts but with similar outcomes of citizens failing to regulate risk. The case studies are analyzed by operationalizing sociological and political science ideas about manifestations of enabling and controlling forms of power in order to understand the way power inequalities obstruct citizens in their regulatory roles across diverse contexts. The article shows how citizens, from farmers and manual workers in both authoritarian developing and democratic developed contexts to even highly trained medical professionals from the US, have limited agency and are disempowered to act as regulators. Our analysis reveals that five patterns of disempowerment play a crucial role in obstructing successful society-based regulation: (i) dependency, (ii) capacity, (iii) social hierarchy, (iv) discursive framing, and (v) perverse effects of legal rights.     

Indexing watchdog accountability powers a framework for assessing the accountability capacity of independent oversight institutions

Independent oversight institutions are critical components of the accountability landscape in modern democracies. This paper presents a framework for assessing the accountability powers of these watchdogs. This watchdog accountability index is an empirical tool to assess the key accountability powers of accountability forums that operate in a democratic constitutional context. The aim is to provide a richer evidence base to assess evolving external accountability arrangements and their effectiveness. Our approach breaks down the concept of watchdog accountability power into three distinct, conceptually coherent dimensions. We apply the accountability index to assess the strength of one of the main watchdog institutions in the EU, the European Court of Auditors in 2017. Data were collected by means of a study of secondary sources and by an expert survey.     

Decentralization in Tanzania: An assessment of local government discretion and accountability

A large part of the decentralization literature is fragmented along political, fiscal, or administrative lines. In this article we employ a diagnostic framework to draw these dimensions together in a coherent manner to focus on analyzing local government discretion and accountability in Tanzania. Tanzania seems to have a deconcentrated local government system with central appointees having large powers at the local level. Centrally‐funded mandates—such as constructing secondary schools—dominate local government plans and budgets. Central control over administrative functions has ensured that administrative decentralization is yet to occur. In the fiscal sphere, progress has been made in transparency and harmonization of transfers in the last 5 years but local governments still have some way to go in raising own revenues, being less reliant on transfers, and ensuring downward accountability. Copyright © 2010 John Wiley & Sons, Ltd.