Centralization via Delegation: The Long-Term Implications of the Israeli Arrangements Laws

Kosti, Nir

doi:10.1007/978-3-030-72748-2_4

Cited by 4 publications

(6 citation statements)

References 19 publications

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“…Second, following a 2017 cabinet decision—which encouraged the mechanism of consultation rather than consent—it appears that the use of consent has become a frequent control mechanism for secondary legislation (Prime Minister's Office, 2017). A recent study of Israeli “arrangements” laws has also confirmed this (Kosti, 2021).…”

Section: Discussionmentioning

confidence: 57%

Section: Procedure: the Existence Of Veto Playersmentioning

confidence: 99%

“…In this regard, the regulatory process is an important arena for constraining discretion. More specifically, the existence of legislative and executive veto players may affect the bureaucracies' capacity to make regulations and to determine their content (Kosti, 2021). These actors—the veto players—can turn the regulatory process into a bargaining environment (Huber & Shipan, 2002), because they have the ability to influence implementation through the threat to vote down regulations.…”

Section: Dimensions and Styles Of Regulatory Discretionmentioning

confidence: 99%

“…Such systems often result in the fragmentation of the party system and multiparty coalitions, and executive consent is perceived as an “institutional check” (Thies, 2001) to maintain control over ministers from other coalition parties. In Israel, for example, the Ministry of Finance has become a powerful veto actor of other ministers' regulation‐making authorities (Kosti, 2021). Similar procedures also exist in the UK (The National Archives, 2017, p. 4).…”

Section: Dimensions and Styles Of Regulatory Discretionmentioning

confidence: 99%

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Styles of regulatory discretion: A comparative analysis of the British and Israeli education legislation

Kosti

2023

Public Administration

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Regulatory discretion is a central theme in the study of regulation and governance. However, little attention has been paid to the question of how countries vary in the way they design regulatory discretion. This article fills this gap by conceptualizing styles of regulatory discretion according to a novel conceptual framework that distinguishes between three dimensions of regulatory discretion: obligation, content, and procedure. Empirically, the article compares regulatory discretion in British and Israeli education legislation during the period 1948–2020. The findings reveal substantial differences in regulatory discretion styles between the two countries across all three dimensions of regulatory discretion. Accordingly, this article proposes several links between regulatory discretion and regulatory production that can be explored further. In doing this, the article points to the relationship between discretion practices and regulatory outcomes.

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Section: Discussionmentioning

confidence: 57%

Section: Procedure: the Existence Of Veto Playersmentioning

confidence: 99%

Section: Dimensions and Styles Of Regulatory Discretionmentioning

confidence: 99%

Section: Dimensions and Styles Of Regulatory Discretionmentioning

confidence: 99%

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Styles of regulatory discretion: A comparative analysis of the British and Israeli education legislation

Kosti

2023

Public Administration

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“…Tsebelis (1999, p. 593) defines a veto player as “an individual or collective actor whose agreement is necessary for a change of the status quo.” However, veto players can also influence everyday regulatory processes. There are two main veto points in the context of regulatory discretion and veto powers: executive consent, where a regulation by one minister requires approval by another minister, and parliamentary approval, where a regulation must be approved by a second chamber or a parliamentary committee before it is implemented (Kosti, 2021).…”

Section: Regulatory Discretion: Conceptualizationmentioning

confidence: 99%

Conceptualization and measurement of regulatory discretion: Text analysis of 120 years of British legislation

Kosti

2023

Regulation & Governance

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Regulatory discretion is a central concept in the study of the regulatory state. Yet little attention has been paid to the origins of regulatory discretion, and how it varies across polities, policy areas, and over time. This paper presents a conceptualization of regulatory discretion that draws on three dimensions: delegation, content, and procedure. It argues that to measure regulatory discretion in legislation, we need to identify provisions that delegate regulatory powers to governments and then examine the extent to which exercising regulatory powers is constrained. Using Natural Language Processing techniques, this paper presents descriptive findings of the dynamics of regulatory discretion in the United Kingdom between 1900 and 2020. The findings portray how discretion has been constrained and formalized over the years through the content of regulations, while it has still retained high levels of flexibility in exercising regulatory powers. In doing so, the findings illustrate the rise of the British regulatory state through its legislative language.

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Legal HeBERT: A BERT-based NLP Model for Hebrew Legal, Judicial and Legislative Texts

2022

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Centralization via Delegation: The Long-Term Implications of the Israeli Arrangements Laws

Cited by 4 publications

References 19 publications

Styles of regulatory discretion: A comparative analysis of the British and Israeli education legislation

Styles of regulatory discretion: A comparative analysis of the British and Israeli education legislation

Conceptualization and measurement of regulatory discretion: Text analysis of 120 years of British legislation

Legal HeBERT: A BERT-based NLP Model for Hebrew Legal, Judicial and Legislative Texts

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