Self-Regulation as Policy Process: The Multiple and Criss-Crossing Stages of Private Rule-Making (original) (raw)
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Private governance is currently being evoked as a viable solution to many public policy goals. However, in some circumstances it has shown to produce more harm than good, and even disastrous consequences as in the case of the financial crisis that is raging in most advanced economies. Although the current track record of private regulatory schemes is mixed, policy guidance documents around the world still require that policy-makers give priority to self-and co-regulation, with little or no additional guidance being given to policymakers to devise when, and under what circumstances, these solutions can prove viable from a public policy perspective. With an array of examples from several policy fields, this paper approaches regulation as a public-private collaborative form and attempts to identify possible policy tools to be applied by public policy-makers to efficiently and effectively approach private governance as a solution, rather than a problem. We propose a six-step theoretical framework and argue that IA techniques should: i) define an integrated framework including both the possibility that private regulation can be used as an alternative or as a complement to public legislation; ii) involve private parties in public IAs in order to define the best strategy or strategies that would ensure achievement of the regulatory objectives; and iii) contemplate the deployment of indicators related to governance and activities of the regulators and their ability to coordinate and solve disputes with other regulators.
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The United Kingdom (which includes the jurisdiction of England and Wales) has long been seen as the home of a flourishing culture of self-regulation. Statutory intervention to place self-regulatory bodies (SRBs) on a firm footing, as well as the widening application of the Human Rights Act 1998, have to a great extent made up for an initial reluctance by the courts to subject their activities to the same sort of review as would apply to government departments. The overall result is an increasingly mature and well-established network of SRBs which are likely to continue in their respective roles for some time to come.
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This RGI Brief reviews recent literature in regulatory studies. Two key trends have emerged through this review. First, there are increasing calls for interdisciplinarity in the treatment, analysis and practice of regulation. And second, there is a crisis of confidence and a dramatic need to rethink dominant paradigms. Both of these issues are shaped by the use of a wider array of regulatory tools, devolved governance (e.g., self regulation and the increasing use of agencies) and the increasing complexity and interconnectedness of policy fields—be these driven by environmental, social or economic factors. This literature review examines works with quite different aims—e.g., describing regulatory practice; case studies of regulatory failure; comparative historical and institutionalist works; theoretical and analytical frameworks and; empirical studies. Despite diverse treatment, common themes emerge...