Regulatory failures and regulatory solutions: a characteristic analysis of meta-regulation
Source TitleProceedings, Annual Meeting, Law and Society Association
University of Melbourne Author/sHaines, Fiona
AffiliationArts: Department of Criminology
Document TypeConference Paper
CitationsHaines, F. (2006). Regulatory failures and regulatory solutions: a characteristic analysis of meta-regulation. In, Proceedings, Annual Meeting, Law and Society Association, Baltimore, MD.
Access StatusOpen Access
Meta-regulation has developed as a method of harnessing the self-regulatory capacity within regulated sites whilst retaining governmental authority in determining the goals and levels of risk reduction that regulation should achieved. This paper critically analyses the capacity of meta-regulation to resolve chronic regulatory challenges through subjecting the approach to a ‘characteristic’ analysis where the challenges of securing compliance are discussed in light of an appreciation of both the nature of regulatory policymaking as well as economic and social pressures that shape the normative orientation of a regulated site. Meta-regulation shows considerable potential, yet remains vulnerable because of its disassociation of compliance from context. The paper explores how under adverse conditions, the “regulation practice gap” widens and the rigour of a meta-regulatory approach may see it used as a political solution to a legitimacy problem rather than as a carefully thought through approach to an agreed upon critical risk
Keywordsregulation; meta-regulation; regulatory theory; regulatory reform
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