Presents an account of the regulatory state and governance. This book examines both key concepts and theories, and important policy domains, and utilizes comparative, historical and transnational perspectives. It questions whether the regulatory state that has developed over the decades is an authoritarian or a liberalizing mode of governance.

This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.

Explores the role of governments in creating and regulating private pensions in the UK and Germany since the 1980s. Private pensions have given rise to a new regulatory state in this area. The contributing authors compare pension regulation and utility regulation, while others analyse the regulatory role of the EU.

This book studies the emergence of the regulatory state in Europe and its impact on democratic governance in Scandinavia. On the basis of comparative studies on various government structures in Scandinavia and the EU, the author analyses the repercussions of the change from government to dominant non-parliamentary democratic governance. In addition, readers will be introduced to the organizational and institutional changes and developments caused by economic and welfare state reforms. A cutting-edge resource, the book will appeal to students and scholars of political science and political economics, while also offering an engaging read for civil servants and policymakers.

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.

For the first two thirds of the twentieth century, British government was among the most stable in the advanced industrial world. In the last three decades, the governing arrangements have been in turmoil and the country has been a pioneer in economic reform, and in public sector change. In this book, Michael Moran examines and explains the contrast between these two epochs. What turned Britain into a laboratory of political innovation? Britain became a formal democracy at the start of the twentieth century but the practice of government remained oligarchic. From the 1970s this oligarchy collapsed under the pressure of economic crisis. The British regulatory state is being constructed in its place. Moran challenges the prevailing view that this new state is liberal or decentralizing. Instead he argues that it is a new, threatening kind of interventionist state which is colonizing, dominating, and centralizing hitherto independent domains of civil society. The book is essential reading for all those interested in British political development and in the nature and impact of regulation.

Recent decades have witnessed a spurt of energetic institution-building in the developing world, as regulatory agencies emerge to take over the role of the executive in key sectors. This volume empirically explores the emergence of regulatory agencies of a range of developing countries across Asia, Africa and Latin America.

. . . 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.

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.

From the mid-1990s onwards concerns regarding the exposure of children to harmful content in the increasingly digital media environment intensified. Soon thereafter policy makers across Europe realised that alternative regulatory instruments, such as self- and co-regulation, might be more appropriate than traditional legislation to address this matter of public interest. Taking the complex and delicate nature of protecting minors into account, this book provides an in-depth legal analysis of the alternative regulatory instruments that can be used to regulate content in the digital era, with particular attention to the protection of fundamental rights, such as freedom of expression, privacy and procedural guarantees, internal market regulation, competition rules, and implementation requirements.