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The Regulatory State: Constitutional Implications

Online ISBN:
9780191595660
Print ISBN:
9780199593170
Publisher:
Oxford University Press
Book

The Regulatory State: Constitutional Implications

Dawn Oliver (ed.),
Dawn Oliver
(ed.)
Emeritus Professor of Constitutional Law, University College London
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Tony Prosser (ed.),
Tony Prosser
(ed.)
Professor of Public Law, University of Bristol
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Richard Rawlings (ed.)
Richard Rawlings
(ed.)
Professor of Public Law, University College, London
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Published online:
1 January 2011
Published in print:
1 December 2010
Online ISBN:
9780191595660
Print ISBN:
9780199593170
Publisher:
Oxford University Press

Abstract

This collection of fifteen chapters by 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 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. 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.

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