The Regulatory State: Constitutional Implications

Hardcover | January 9, 2011

EditorDawn Oliver, Tony Prosser, Richard Rawlings

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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 publicpolicy, 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 regulatoryarrangements and the development of complex accountability mechanisms designed to promote policy objectives.Constitutional issues discussed 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 CompetitionNetwork, 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 concludingchapter 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 andlegal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.

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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 publicpolicy, not only regulation. These include the de...

Dawn Oliver, FBA is Professor of Constitutional Law at UCL. She was editor of Public Law from 1993-2002, a member of the Royal Commission on House of Lords Reform 1999-2000, and a member of the Fabian Society on the Future of the Monarchy 2003. She is President of the Study of Parliament Group. She has written extensively on constitu...

other books by Dawn Oliver

Format:HardcoverDimensions:368 pages, 9.21 × 6.14 × 0.98 inPublished:January 9, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199593175

ISBN - 13:9780199593170

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Table of Contents

1. Richard Rawlings: Introduction: Testing Times2. Colin Scott: Regulatory Governance and the Challenge of Constitutionalism3. Tony Prosser: Models of Economic and Social Regulation4. Peter Strauss: Rule Making and the American Constitution5. Aileen McHarg: Devolution and the Regulatory State: Constraints and Opportunities6. Julia Black: The Credit Crisis and the Constitution7. Gerd Winter: Rationing the Use of Common Resources: Design, Effectiveness and Constitutional Implications of an Ambivalent Regulatory Tool8. Cosmo Graham: Fundamental Rights and the Regulatory State9. Imelda Maher and Oana Stefan: Competition Law in Europe: The Challenge of a Network Constitution10. Fabrizio Cafaggi: Private Law-making and European Integration: Where Do They Meet, When Do They Conflict?11. Richard Macrory: Reforming Regulatory Sanctions - Designing a Systematic Approach12. Dawn Oliver: Regulation, Democracy and Democratic Oversight13. Ed Humpherson: Auditing Regulatory Reform14. Richard Rawlings: Changed Conditions, Old Truths: Judicial Review in a Regulatory Laboratory15. Tony Prosser: Conclusion