Regulation and Policy
Webpages concerning "Regulation and Policy"
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Wikipedia-Article "Regulation"
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A regulation is a legal restriction promulgated by government administrative agencies through rulemaking supported by a threat of sanction or a fine. This administrative law or regulatory law is in contrast to statutory or case law.
The economics of imposing or removing regulations relating to markets is analysed in regulatory economics.
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Regulation as a legal term
A regulation (as a legal term) is a rule created by an Administration or administrative agency or body that interprets the statute(s) setting out the agency's purpose and powers, or the circumstances of applying the statute.
A regulation is a form of secondary legislation which is used to implement a primary piece of legislation appropriately, or to take account of particular circumstances or factors emerging during the gradual implementation of, or during the period of, a primary piece of legislation.
Other forms of secondary legislation are statutory instruments, statutory orders, by-laws and rules. Some of these (but not all of them) need to be referred back before being implemented, to the primary legislative process.
Type of Regulation
Regulation can occur for various reasons and therefore can be classifed in several broad categories:
- Market Failures - regulation due to inefficiency. Intervention due to a Classical Economics argument to market failure.
- Risk of monopoly
- Collective action/Public Good
- Inadequate Information
- Collective Desires - regulation about collective desires or considered judgements on the part of a significant segments of society
- Diverse Experiences - regulation with a view of providing opportunities for the formation of diverse preferences and beliefs
- Social Subordination - regulation aimed to reduce social subordination of various social groups
- Endogenous preferences - regulation's purpose is to affect the development of certain preferences on an aggregate level
- Irreversibility - regulation that deals with the problem of irreversibility – the problem in which a certain type of conduct from current generations results in outcomes from which future generations may not recover from at all.
- Interest-group transfers - regulation that that results from efforts by self-interest groups to redistribute wealth in their favor
International Experience
United Kingdom
An example in Britain is that there is primary, Central Government legislation covering the operations of Local Authorities. These functions include Education, Social Services, Leisure provision, etc..
In that primary legislation there are provisions to allow Local Authorities to legislate for themselves, within reason and under proper process, on a range of matters in their areas of responsibility. This allows the law to be effectively applied with appropriate flexibility and taking account of local factors. These are often best known by the Local Authority concerned.
Regulations also assist the primary legislative process, the national parliament, to avoid the potential bottleneck of the detailed implementatin of all the laws it produces in all the varying cirumstances throughout the land or throughout the process of their implementation.
France
In French law, the difference between statute law (adopted by the legislative branch) and regulation is of paramount importance when it comes to adoption, amendment or judicial review. The French constitution reserves a number of topics for statute law; in normal times, the executive branch may take decisions on such matters only if it has been specifically authorized by a statute to do so as secondary legislation through decrees, or if it has been specifically and rarely authorized by the legislative branch to do so as primary legislation through ordinances. On all other matters, the executive branch is solely responsible for issuing primary legislation through decrees. Secondary or tertiary legislation may come in the form of arrêtés.
All legislation and regulation issued by the executive, including ordinances not ratified by the legislative branch, is subject to judicial review by the administrative courts (see Conseil d'État).
European Union
EU regulation has a general scope, and is obligatory in all its elements and directly applicable in all Member States of the European Union. Any local laws contrary to the regulation are overruled, as EU Law has supremacy over the laws of the Member States. New legislation enacted by Member states must be consistent with the requirements of EU regulations. For these reasons regulations constitute the most powerful or influential of the EU legislative acts.
Other forms of legislative acts of the European Union (EU) are directives, decisions, recommendations and opinions.
Studies and analysis
Primer on Regulation (Mercatus, 2005) by Susan E. Dudley
See also
External links
Wikipedia-Article "Policy"
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- For Policy, a form of illegal lottery, see Numbers game
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A policy is a plan of action for tackling issues. It is not static plan but a process going through gradual or major change in continuos manner in relation to implentation response. It is often initiated by an interested agent within or out government. This process includes the elaboration of programs by different, usually public and private collective actors and the way the programs are then applied as concrete programs and actions. Policies in short can be understood as political and administrative mechanisms arranged around explicit goals.
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Commerce
In insurance, policies are contracts between insurer and insured used to indemnify(protect) against potential loss from specified perils.
In illegal gambling, policy is a form of an unsanctioned lottery, where players can purchase insurance against a chosen number being picked by a legitimate lottery.
Policy typology
Policy impacts the ‘real’ world. Government, business and voluntary organisations all have policies, which impact families and individuals.
Different types of policies include:
Distributive policies
Distributive policies provide various benefits.
Regulatory policies
Regulatory policies are policies that limit discretion of individuals and companies to make decisions freely and are supported by threat of sanctions or a fine.
Redistributive policies
Redistributive policies provide benefits to various groups at the expense of other social groups.
Constituent policies
Constituent policies create executive power entities or deal with legislative changes.
Misc
Policies are living things, not just static lists of goals or laws. Policy blueprints have to be implemented, often with unexpected results. Social policies are what happens ‘on the ground’ when they are implemented, as well as what happens at the decision making or legislative stage.
Different forms of policies include:
- Official government policy (legislation, guidelines that govern how laws should be put into operation)
- Broad ideas and goals in political manifestos and pamphlets
- A company or organization’s policy on something eg. The equal opportunity policy of a company shows that the company aims to treat all its staff equally.
There is often a gulf between the concepts and goals that inspire policy and ‘real’ policy, the ugly result of compromise. Implementing policies may have unexpected results.
Think tanks are non-governmental organizations that attempt to develop and influence policy.
Technology applications
In artificial intelligence planning and reinforcement learning, a policy prescribes a non-empty deliberation (sequence of actions) given a non-empty sequence of states.
Types of policy include:
- causal (resp. non-causal)
- deterministic (resp. stochastic, randomized and sometimes non-deterministic)
- index
- memoryless (e.g. non-stationary)
- opportunistic (resp. non-opportunistic)
- stationary (resp. non-stationary)
These qualifiers can be combined, so for example you could have a stationary-memoryless-index policy.
In enterprise architecture for systems design, policy appliances are technical control and logging mechanisms to enforce or reconcile policy (systems use) rules and to ensure accountability in information systems.
References
- Blakemore, Ken (1998) Social Policy: an Introduction
- Müller, Pierre, Surel Yves, (1998) L'analyse des politiques publiques. Paris.
