Much of the discussion in favor of simplicity of legal rules and against complex regulation is rooted in economically developed countries with strong state capacity. With economic development and state capacity comes the presumption that complex rules will be enforced. Therefore, analysis focuses on the administrative and error costs, and the unintended consequences of complex rules that are enforced. This paper argues that the Epsteinian insight is even more relevant to the developing world where countries often lack enough state capacity to even take on simple governance tasks. Developing countries often have less than 20 percent of the state capacity of developed countries. However, this does not mean they limit the regulatory structure to a fifth of the tasks. Under-enforcement or non-enforcement of complex rules imposes different costs and unintended consequences on society. Using examples from India, this paper highlights problems of enforcement swamping, deadweight loss, and corruption arising from the under-enforcement of complex rules. To avoid these problems, the paper concludes that a fortiori less developed countries should favor simple rules.
相似文献Points for practitioners
- Gender targets in Australian public services may not be achieving intended outcomes due to decoupling—a response to policies in which the policies are ignored and/or ineffective practices are implemented.
- Too many competing targets and limited accountability for achieving a gender target create a potential for decoupling by allowing individuals and groups to ignore or weakly adopt the policy.
- Integrated bundles of top-down (e.g. requiring at least two women on shortlists) and bottom-up practices (e.g. mentoring) can help avoid decoupling by ensuring women are appointed to senior roles and supported to progress through an organisation.
- Chief Executives are key to ensuring a gender target remains coupled with its implementation; Chief Executives must provide visible support to internal champions to make gender targets effective.