NEW FORMS OF ADMINISTRATIVE LAW IN THE AGE OF THIRD‐PARTY GOVERNMENT

This article explores the democratic values underlying public services when they are outsourced. Building on Rosenbloom and Piotrowski's (2005a, 2005b) framework, we examine whether and how administrative law norms – that serve as central democratic governance and accountability mechanisms in the administrative state – are extended to the new (private) frontline service providers. Through a study of the regulation of the privatized welfare‐to‐work programme in Wisconsin, we find that new forms of administrative law are evolving in third‐party government. These forms differ from administrative law as it usually applies to public agencies in several important aspects. The findings highlight the active role of legislative and administrative mechanisms in the promotion of these new forms of administrative law; and they shed light on the transformations that administrative law norms undergo in the age of third‐party government.     

The Limits of Europeanization: Regulatory Reforms in the Spanish and Portuguese Telecommunications and Electricity Sectors

The creation of a European Union‐level regulatory regime for telecommunications and electricity was a highly successful political initiative of the European Commission. However, this article argues that the causal link between European initiatives and national policy change is weak. Building on an emerging tradition of cross‐sector research of these two sectors, and considering two most similar European countries, the article applies a series of comparisons, including a stepwise comparative analysis of two countries (one a reluctant liberalizer, the other an enthusiastic one), of two sectors (a pacesetter and a footdragger), and of two time periods (before and after the regulatory reforms). We suggest that Spain and Portugal were able to shape their sectors according to the preferences of their national policy communities and in a context of a global shift in the way countries both within Europe and outside it defined their interests.     

THE WELFARE STATE: A REGULATORY PERSPECTIVE

The role of regulation and the regulatory state in social policy, redistribution, and the reforms of the welfare state are increasingly important but often underestimated and misunderstood. These problems are evident in Majone's highly influential work where the regulatory state and the ‘positive’ state stand as two alternative monomorphic forms of state. This article offers a polymorphic alternative where the regulatory state may come to the rescue of the welfare state, allowing independent extension, retrenchment, and stagnation of welfare via social regulation. The article extends a regulatory governance perspective into the core of the welfare state, clarifies the relations between fiscal and regulatory instruments, and demonstrates that the boundaries of the regulatory state are wider than are usually understood. It turns our understanding of the welfare state on its head, highlighting first the less visible regulatory layer, and then the more visible layer of fiscal transfers.