Delegation in the Regulatory State

Delegation in the Regulatory State

Author: Fabrizio Gilardi

Publisher: Edward Elgar Publishing

Published: 2009-01-01

Total Pages: 199

ISBN-13: 1848441363

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. . . 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.


The Oxford Handbook of Business and Government

The Oxford Handbook of Business and Government

Author: David Coen

Publisher: Oxford Handbooks Online

Published: 2010-02-25

Total Pages: 804

ISBN-13: 0199214271

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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.


The Politics of Regulation

The Politics of Regulation

Author: Jacint Jordana

Publisher: Edward Elgar Publishing

Published: 2004-01-01

Total Pages: 356

ISBN-13: 9781845420673

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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.


Unelected Power

Unelected Power

Author: Paul Tucker

Publisher: Princeton University Press

Published: 2019-09-10

Total Pages: 662

ISBN-13: 0691196303

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Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.


Power Without Responsibility

Power Without Responsibility

Author: David Schoenbrod

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 374

ISBN-13: 0300159595

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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.


The Administrative State

The Administrative State

Author: Dwight Waldo

Publisher: Routledge

Published: 2017-09-04

Total Pages: 384

ISBN-13: 1351486330

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This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.


The Oxford Handbook of Transformations of the State

The Oxford Handbook of Transformations of the State

Author: Stephan Leibfried

Publisher: OUP Oxford

Published: 2015-06-11

Total Pages: 928

ISBN-13: 0191643254

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This Handbook offers a comprehensive treatment of transformations of the state, from its origins in different parts of the world and different time periods to its transformations since World War II in the advanced industrial countries, the post-Communist world, and the Global South. Leading experts in their fields, from Europe and North America, discuss conceptualizations and theories of the state and the transformations of the state in its engagement with a changing international environment as well as with changing domestic economic, social, and political challenges. The Handbook covers different types of states in the Global South (from failed to predatory, rentier and developmental), in different kinds of advanced industrial political economies (corporatist, statist, liberal, import substitution industrialization), and in various post-Communist countries (Russia, China, successor states to the USSR, and Eastern Europe). It also addresses crucial challenges in different areas of state intervention, from security to financial regulation, migration, welfare states, democratization and quality of democracy, ethno-nationalism, and human development. The volume makes a compelling case that far from losing its relevance in the face of globalization, the state remains a key actor in all areas of social and economic life, changing its areas of intervention, its modes of operation, and its structures in adaption to new international and domestic challenges.


Bureaucratic Justice

Bureaucratic Justice

Author: Jerry L. Mashaw

Publisher: Yale University Press

Published: 1983-01-01

Total Pages: 260

ISBN-13: 9780300034035

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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


The Executive Unbound

The Executive Unbound

Author: Eric A. Posner

Publisher: Oxford University Press

Published: 2011-03-16

Total Pages: 257

ISBN-13: 0199831750

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Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers. But there is nothing in our system of checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority straight through to the Obama presidency. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.


The Oxford Handbook of Regulation

The Oxford Handbook of Regulation

Author: Robert Baldwin

Publisher: OUP Oxford

Published: 2012-07-19

Total Pages: 680

ISBN-13: 019162943X

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Regulation is often thought of as an activity that restricts behaviour and prevents the occurrence of certain undesirable activities, but the influence of regulation can also be enabling or facilitative, as when a market could potentially be chaotic if uncontrolled. This Handbook provides a clear and authoritative discussion of the major trends and issues in regulation over the last thirty years, together with an outline of prospective developments. It brings together contributions from leading scholars from a range of disciplines and countries. Each chapter offers a broad overview of key current issues and provides an analysis of different perspectives on those issues. Experiences in different jurisdictions and insights from various disciplines are drawn upon, and particular attention is paid to the challenges that are encountered when specific approaches are applied in practice. Contributors develop their own distinctive arguments relating to the central issues in regulation and apply scholarly rigour and clear writing to matters of high policy-relevance. The essays are original, accessible, and agenda-setting, and the Handbook will be essential reading both to students and researchers and to with regulatory and regulated professionals.