Delegation In The Regulatory State PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Delegation In The Regulatory State PDF full book. Access full book title Delegation In The Regulatory State.
Author | : Fabrizio Gilardi |
Publisher | : Edward Elgar Publishing |
Total Pages | : 199 |
Release | : 2009-01-01 |
Genre | : Political Science |
ISBN | : 1848441363 |
Download Delegation in the Regulatory State Book in PDF, ePub and Kindle
. . . it is thanks to works like this one that we can make progress in the understanding of the phenomenon of independent regulatory authorities in Europe and elsewhere. Competition and Regulation in Network Industries When scholars and practitioners want to understand regulation in Europe, this book should be the first place they will turn. Combining innovative data, smart statistical analysis, and an in-depth knowledge of regulatory agencies and processes across a wide range of countries, Gilardi has produced an essential study of regulation and a stellar piece of scholarship. Charles Shipan, University of Michigan, US This is a crucial, important book for the study of independent regulatory agencies, an increasingly prevalent institution at the heart of the governance of markets. Gilardi offers an excellent quantitative analysis of the spread of such agencies. He presents a remarkable dataset and rigourously tests different explanations. His coverage is wide and his methods are first class. His conclusions will interest all scholars who work on the regulatory state. Mark Thatcher, London School of Economics, UK Regulatory agencies are an important aspect of the contemporary regulatory state. Drawing on an extensive body of comparative analysis, Fabrizio Gilardi s book provides a serious contribution that moves the literature forward. This book deserves to be considered carefully. Martin Lodge, London School of Economics, UK Fabrizio Gilardi s book is empirical political science of the regulatory state at its best. It has data of transnational breadth and depth that is diagnosed in a theoretically sophisticated way. The conclusion is that policymakers delegate in order to tighten the credibility of policy commitments and to tie the hands of future ministers who may have different preferences. This will become a building block for future scholarship on regulation and governance. John Braithwaite, Australian National University During the past 25 years, independent regulatory agencies have become widespread institutions for regulatory governance. This book studies how they have diffused across Europe and compares their formal independence in 17 countries and seven sectors. Through a series of quantitative analyses, it finds that governments tend to be more prone to delegate powers to independent regulators when they need to increase the credibility of their regulatory commitments and when they attempt to tie the hands of their successors. The institutional context also matters: political institutions that make policy change more difficult are functional equivalents of delegation. In addition to these factors, emulation has driven the diffusion of independent regulators, which have become socially valued institutions that help policymakers legitimize their actions, and may even have become taken for granted as the appropriate way to organize regulatory policies. Providing a broad comparison of independent regulatory agencies in Europe, Delegation in the Regulatory State will be of great interest to researchers and students in political science, public policy, and public administration.
Author | : Fabrizio Gilardi |
Publisher | : |
Total Pages | : 353 |
Release | : 2004 |
Genre | : Theorie der Regulierung / Regulierung / Aufsichtsbehörde / Institutionalismus / Rationales Verhalten / Westeuropa |
ISBN | : |
Download Delegation in the Regulatory State Book in PDF, ePub and Kindle
Author | : Lisa Schultz Bressman |
Publisher | : Aspen Publishing |
Total Pages | : 1325 |
Release | : 2019-09-13 |
Genre | : Law |
ISBN | : 1543815979 |
Download Regulatory State Book in PDF, ePub and Kindle
The Regulatory State, Third Edition is distinguished by a practical focus on how federal administrative agencies make decisions, how political institutions influence decisions, and how courts review those decisions. With coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation, Bressman, Rubin, and Stack use primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Additionally, this book uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible, and presents legislation with attention to modern developments in the legislative process. The Regulatory State, Third Edition also presents statutory interpretation in useful terms, highlighting the “tools” that courts employ as well as the theories that judges and scholars have offered. New to the Third Edition: Expanded discussion of agency methods of statutory implementation and regulatory interpretation Additional primary source materials Up-to-date examination of political and judicial control of agency action New chapter with a case study of the regulatory process using the main example from the book Professors and students will benefit from: Tools-based approach that highlights the methods of analysis that agencies, courts, and lawyers utilize Use of an accessible central example as a familiar entry point into a complex legal area Primary source materials—agency documents, including notice-and-comment rules, adjudicatory orders, agency guidance, and more Empirical data, normative or theoretical questions, and practical examples
Author | : David Coen |
Publisher | : Oxford Handbooks Online |
Total Pages | : 804 |
Release | : 2010-02-25 |
Genre | : Business & Economics |
ISBN | : 0199214271 |
Download The Oxford Handbook of Business and Government Book in PDF, ePub and Kindle
Business is one of the major power centres in modern society. The state seeks to check and channel that power so as to serve broader public policy objectives. However, if the way in which business is governed is ineffective or over burdensome, it may become more difficult to achieve desired goals such as economic growth or higher levels of employment. In a period of international economic crisis, the study of how business and government relate to each other in different countries isof more central importance than ever.These relationships have been studied from a number of different disciplinary perspectives - business studies, economics, economic history, law, and political science - and all of these are represented in this handbook. The first part of the book provides an introduction to the ways in which five different disciplines have approached the study of business and government. The second section, on the firm and the state, looks at how these entities interact in different settings, emphasising suchphenomena as the global firm and varieties of capitalism. The third section examines how business interacts with government in different parts of the world, including the United States, the EU, China, Japan and South America. The fourth section reviews changing patterns of market governance through aunifying theme of the role of regulation. Business-government relations can play out in divergent ways in different policy and the fifth section examines the contrasts between different key arenas such as competition policy, trade policy, training policy and environmental policy.The volume provides an authoritative overview with chapters by leading authorities on the current state of knowledge of business-government relations, but also points to ways in which this work might be developed in the future, e.g., through a political theory of the firm.
Author | : Jacint Jordana |
Publisher | : Edward Elgar Publishing |
Total Pages | : 356 |
Release | : 2004-01-01 |
Genre | : Political Science |
ISBN | : 9781845420673 |
Download The Politics of Regulation Book in PDF, ePub and Kindle
These changes, together with the general advance in the study of regulation, undoubtedly demand a re-evaluation of the theory of regulation, its methodologies and scope of application. This book is a perceptive investigation of recent evolutions in the manner and extent of governance through regulation. Scholars and students of comparative politics, public policy, regulation theory, institutional economics and political sociology will find it to be essential reading. It will also prove a valuable source of reference for those working or dealing with regulatory authorities and for business managers in private industries and services operating under a regulatory framework.
Author | : Kenneth A. Bamberger |
Publisher | : |
Total Pages | : 0 |
Release | : 2006 |
Genre | : |
ISBN | : |
Download Regulation as Delegation Book in PDF, ePub and Kindle
Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve public ends. Regulation concerning the identification and reduction of risk - from financial, data and homeland security risk to the risk of conflicts of interest - increasingly mandates broad policy outcomes and accords regulated parties wide discretion in deciding how to interpret and achieve them. Yet the dominant paradigm of administrative enforcement, monitoring and threats of punishment, is ill suited to oversee the sound exercise of judgment and discretion. This Article argues that this kind of regulation should be viewed, instead, as regulatory "delegation" of the type Congress makes to agencies when it accords them the authority to fill in the details of ambiguous statutory mandates. Administrative law's "delegation" paradigm, unlike its "regulation" counterpart, relies on decision processes to channel discretion in the service of public goals. Informed by the comparative capacities of different institutions, it structures delegated decisionmaking to promote rational and accountable policy implementation. The Article then applies this administrative law approach to the exercise of delegated discretion by regulated firms. Drawing from the literature on judgment and decisionmaking in organizations used increasingly by corporate law scholars, it suggests that the efficient structure of profit-making firms will, in a subset of cases, systemically blind decisionmakers to the types of risk and change in which regulation is interested, and lead to unaccountable regulatory decisions. Finally, I suggest ways in which administrative law might learn from recent research on organizational learning that examines how decisionmaking in firms can be structured more effectively, to incorporate additional accountability tools through regulatory design, third-party relationships, and relations between administrative agencies and those they regulate.
Author | : Paul Tucker |
Publisher | : Princeton University Press |
Total Pages | : 662 |
Release | : 2019-09-10 |
Genre | : Business & Economics |
ISBN | : 0691196303 |
Download Unelected Power Book in PDF, ePub and Kindle
Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.
Author | : David Schoenbrod |
Publisher | : Yale University Press |
Total Pages | : 374 |
Release | : 2008-10-01 |
Genre | : Political Science |
ISBN | : 0300159595 |
Download Power Without Responsibility Book in PDF, ePub and Kindle
This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves. Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.
Author | : Laurenz Ennser-Jedenastik |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
Download Exploring the Ideological Foundations of the Regulatory State Book in PDF, ePub and Kindle
One of the most profound transformations in the organization of the public sector in Europe during the past decades has been the 'rise of the regulatory state' (Majone 1994). The institutional manifestation of this transformation is the increased delegation of authority to independent regulatory agencies. Extant explanations stress the need for credible commitment and political uncertainty as major drivers of this trend. By contrast, this paper argues that the establishment of regulatory agencies is strongly shaped by government ideology. Drawing on a data set of agency creations across seven policy sectors in 20 countries between 1980 and 2009, the analysis shows that government ideology has a substantial, yet conditional, impact on the establishment of regulators, with right-wing governments more likely to set up economic regulators and left-wing governments more likely to establish social regulators. In addition, the creation of independent regulators is also influenced by a government's ideological extremeness and heterogeneity.
Author | : Jerry L. Mashaw |
Publisher | : Yale University Press |
Total Pages | : 260 |
Release | : 1983-01-01 |
Genre | : Law |
ISBN | : 9780300034035 |
Download Bureaucratic Justice Book in PDF, ePub and Kindle
Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies