Estimation of party positions: A comment on?Schofield?and Zakharov (2010)

We show how choice of the method of measuring the party positions impacts the conclusions about equilibrium positions of parties in a spatial model. We find that for the same set of voters’ ideal points we should observe either divergence or convergence to the mean, depending on the choice of the measure.     

Does regulation kill jobs?: The limits of quantification

This essay reviews a new edited volume entitled Does Regulation Kill Jobs? It concludes that this book brings much needed data and realism to the debate about jobs and the environment, showing that government regulation generally has minor impacts on employment. This essay focuses much of its attention on the suggestion, discussed by several of the contributors to this book, that cost–benefit analysis should include a dollar value representing an estimate of the value of employment changes a proposed regulation might cause. It discusses concerns about double counting, ex ante estimates of employment impacts, monetization of the value of employment impacts, and potentially misleading asymmetric analysis.     

Fragmented or cohesive transnational private regulation of sustainability standards? A comparative study

Literature on private regulation recognizes the proliferation of competing regulatory organizations and approaches in various industries. Studies analyzing why fragmentation arises so far focus on single‐case studies, the exploration of single variables, or variation in types of fragmentation. This article analyzes why in certain industries and for certain issues regulatory organizations proliferate, while in others a single regulatory organization emerges which covers the entire industry. Through a comparative case study of private regulation of sustainability standards in the forestry, clothing, IT‐electronics, and chemicals industries, we show how a combination of low industrial concentration, civil society involvement in governance, and stringent standards of a first‐moving regulator offer the strongest explanation for a fragmented private regulatory field, while high industrial concentration, business‐driven governance, and lenient standards of a first‐moving regulator lead to cohesive regulation.     

Health,Conflict, Stability and Statebuilding: A House Built on Sand?

Abstract

Increasingly, the purpose of third party health interventions in fragile states has become linked to statebuilding agendas in order to build government through health programmes. However, there is only limited data to support the efficacy of such an assumption. Indeed, this approach may instead invert the desired outcome of social legitimacy and undermine the rationale for which it is intended. This paper examines the strategic response from donors vis-à-vis the objective of statebuilding, and concludes that new research is required. It concludes that until there is empirically based evidence of the benefits of health interventions for statebuilding, the goals of health interventions should remain fixed primarily on improving health indicators instead.     

A Tale as Old as (Devolved) Time? Sewel,Stormont and the Legislative Consent Convention

Interparliamentary relations do not attract much in the way of public or even academic attention. However, they are an aspect of parliamentary life in which there has been a series of experiments by select committees in the House of Commons. While one of the more prominent examples of such experimentation was the international grand committee on Big Data, Privacy and Democracy spearheaded by the Digital, Culture, Media and Sport Committee, this article will look at another example of select committee-led interparliamentary relations, namely the ‘joint inquiry’ conducted by the House of Commons Defence Committee and the Assemblée nationale’s Standing Committee on National Defence into Future Cruise and Anti-Ship Missiles in 2018. This article, written by an official involved in the inquiry, offers the first reflections on the experience of this joint inquiry, demonstrates how the model undertaken for the inquiry differed from the approaches taken by other select committees involved in interparliamentary working, and explores whether it might offer a blueprint for future joint inquiries.     

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.     

A Standard for Regulatory Compliance? Industry Self‐regulation,the Courts and AS3806‐1998

The primary objective of this article is to describe recent Australian moves to greater industry self-regulation and, within that context, to examine the development of AS3806, a voluntary standard developed by Standards Australia, which firms may use as a model or template for the design and management of their regulatory compliance systems. The article is divided into four sections. The first provides an outline of recent Australian developments regarding industry self-regulation and compliance. The second describes the growing interest in industry codes of conduct and the role of the Australian Competition and Consumer Commission (ACCC). The third describes the main features of AS 3806. The fourth examines the question of compliance standards in relation to the legal process, focusing on two recent cases and is followed by a conclusion.     

Food safety regulation: is the Delaney clause the problem or symptom?

The Delaney anticancer amendment to the Food, Drug, and Cosmetic Act of 1938 is a prominent example of zero risk legislation. The relevant clauses prohibit a finding of safety for any relevant substance found to induce cancer in humans or animals. It is argued that the Delaney approach to safety regulation is not only misguided, but that relaxation of the law - for example, to permit substances that pose insignificant cancer risks - would produce only marginal improvement in regulation. A major shift in regulation that permits some form of cost-benefit analysis is the only way to move toward rational policy choices.Professor of Economics, Rutgers University. I am grateful to William Ascher, Richard A. Merrill, and two referees for helpful comments on earlier drafts.     

Explaining regulatory autonomy in EU network sectors: Varieties of utility regulation?

This article explains variation in the autonomy in the range of activities that European regulators perform. By focusing on 102 regulators of four network sectors (electricity, gas, telecom, and railways), we test for functional and institutional explanations. The findings indicate that the inclusion of institutional factors matters for our understanding of recent changes in the governance of European network sectors. Reforms toward the independent agency form of governance and the range of competencies granted to sector regulators seem to be shaped not only by international functional pressures but also by domestic institutional factors. Beyond the credibility hypothesis, we find that national governments grant less regulatory autonomy to utility regulators the more coordinated an economy is and the more veto players are present. On the contrary, common law countries are associated with higher levels of regulatory autonomy.     

The Aboriginal Cultural Heritage Act 2003 (QLD): A form of private governance in action?

The Aboriginal Cultural Heritage Act 2003 (QLD) (ACHA) removes the Queensland Government from any direct role in the regulation of Aboriginal cultural heritage, and operates by encouraging and in certain circumstances, requiring agreements between developers and Aboriginal groups. This paper argues that these agreements constitute a form of private governance. Agreements between developers and Aboriginal groups have traditionally been seen as falling outside private governance literature as they are domestic and contractual in nature. However, private governance theory has recently been used to understand agreements between developers and Indigenous groups in Canada and this paper will demonstrate that the approach of the ACHA constitutes a form of private governance. This paper will analyse the ACHA against key principles for good governance and explore the challenges for the protection of Aboriginal cultural heritage when the state is removed as regulator.     

The French elections of 2017: shaking the disease?

The results of the 2017 presidential and legislative elections represent an important shift in French politics. For the first time in the history of the 5th French Republic, the candidates of the two traditional governing parties were disqualified during the first round of the presidential elections. The duel between a centrist and a radical-right candidate in the second round of the elections constitutes an unprecedented configuration. Moreover, there was a record parliamentary renewal after the 2017 legislative elections, as well as a feminisation of the National Assembly with 38.8 per cent of women among the deputies. At the same time, abstention for the legislative elections reached a new record high. Overall, the results of the French elections in 2017 could point to major shifts in the party system, as well as to a renewal of the French political elite, and to an enduring malaise between French citizens and their political representatives.     

Free Speech,Political Equality,and Campaign Finance Reform: A Paradox for Democracy?

Liberty to speak free of government interference and political equality are both essential to democracy. Yet political equality requires governmental regulation of resources needed for political speech. Analysis of Supreme Court cases, supplemented by considerations from democratic theory, suggest that this apparent paradox is better understood as a tension within the idea of free speech itself: between liberty to speak and the need for government to oversee fair distribution of resources necessary for politically effective speech. Although it is a tension worth negotiating with care, democracy simply requires fairness in distribution of politically relevant resources. The Supreme Court has erred in not reading the Constitution as mandating political equality as a fundamental right, and also in not incorporating real political equality as a compelling state interest. Therefore, the public should seek a 28th Amendment that would mandate political equality regardless of economic circumstance as a fundamental right, and inscribe into the document, for the first time, the word “democracy.”