Legislation and Rule-Making

Robert Baldwin

in The Oxford Handbook of Legal Studies

Published in print June 2005 | ISBN: 9780199248179
Published online September 2012 | | DOI:
 Legislation and Rule-Making

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Governments seek to influence behaviour by employing a variety of rule types. These range from formal statutes to rules made under delegated powers to the most informal of administrative prescriptions. These different kinds of rules, in turn, are reinforced with very different responses — from penal threats to administrative sanctions, to mere exhortations. Such variety in rule use has long attracted the attention of legal scholars who have sought to explain and justify rule-making practices, to evaluate processes as well as to explore the implications of choosing different strategies of rule use. This article looks at developing scholarly debates clustered around three themes: explaining choices between rule types; issues of legitimation surrounding governmentally produced rules; and the challenge of making rules that are attuned to new modes of government. Particular attention is then paid to a number of rule-making issues that are likely to be prominent in forthcoming scholarly and policy concerns.

Keywords: rule types; rule use; legitimation; rule-making

Article.  9724 words. 

Subjects: Law ; Legal System and Practice

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