Chapter

Introduction: Two Visions of Regulation and Four Regulatory Models

Tony Prosser

in The Regulatory Enterprise

Published in print June 2010 | ISBN: 9780199579839
Published online September 2010 | e-ISBN: 9780191594472 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199579839.003.0001
Introduction: Two Visions of Regulation and Four Regulatory Models

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This introductory chapter examines existing debates on regulation and attempts to give them focus by suggesting that there are two underlying models of regulation: regulation as an infringement of private autonomy, emphasizing rules, predictability and regulatory independence; and regulation as an enterprise, emphasizing collaboration with government, discretion, and responsiveness. It is argued that regulatory legitimacy can best be seen as part of a joint enterprise with different levels of government, and that an important task is to map the complex relations between them. Regulation can best be understood through four models which can be used to classify regulatory activities but also to form the basis of normative arguments about how regulators should act. These are regulation to maximise efficiency and consumer choice, regulation to promote human rights, regulation to promote social solidarity, and regulation as a means for deliberation and resolution of contending arguments. The four models provide both a framework for analysis and a source of legitimacy for regulators.

Keywords: regulation; legitimacy; government; consumers; human rights; social solidarity; deliberation

Chapter.  9897 words. 

Subjects: Public International Law

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