The Rise of the British Regulatory State: Transcending the Privatization Debate

Levi‐Faur, David; Gilad, Sharon

doi:10.2307/4150126

Cited by 49 publications

(38 citation statements)

References 5 publications

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“…A considerable body of regulatory studies has been devoted to documenting the details of electricity governance and its relationship to societies. (See, especially, Levi-Faur, 2006;Majone, 1991;Stewart, 2001;Braithwaite, 2008;Levi-Faur and Gilad, 2004;Vogel, 1996;Gunningham et al, 1998;Wilkins, 2008;Helm, 2006). 4 .…”

Section: Governing Carbon Emissions: Nsw Ggasmentioning

confidence: 94%

The Rise and Fall of Carbon Emissions Trading

Kuch

2015

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Section: Governing Carbon Emissions: Nsw Ggasmentioning

confidence: 94%

The Rise and Fall of Carbon Emissions Trading

Kuch

2015

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“…One useful way to study nomocratic rules is to draw parallels between nomocracy and the theory of regulation, which has rapidly developed in recent decades, particularly in the area of macroeconomic governance (Levi-Faur and Gilad, 2004;Majone, 1994;Scott, 2012). In prior work (Slaev, 2014a(Slaev, , 2014b, I have drawn a relation between nomocracy and regulation (in society).…”

Section: Nomocratic Rules and Regulation Theorymentioning

confidence: 99%

Property rights and methods of nomocratic planning

Slaev

2015

Planning Theory

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This paper examines the methods of planning of complex systems. More precisely, it applies property rights analysis to the methodology of nomocracy, a leading branch of the theory of complexity in planning. To study the methodology of planning, the paper focuses on its objectives and methods, as well as the characteristics of nomocratic rules. It briefly examines the literature on the methods of planning of complex systems, the methods of the nomocratic approach, and the methods of regulation theory. It then develops a theoretical structure of the methodology of nomocratic planning by employing property rights analysis and finds that the purpose of nomocracy is the allocation of entitlements. Finally, to emphasise the importance of property rights, it discusses some specific findings of Holcombe's work "Planning and the Invisible Hand". Holcombe's work is a well-developed study of the relevance of the nomocratic approach to market functions; planning practices, such as zoning; and topical issues of contemporary urban development, such as sprawl and related new urbanism/smart growth principles. This paper focuses on Holcombe's particularly critical view of the latter. However, while the application of property rights analysis fully supports Holcombe's understanding of the positive connection between nomocratic planning and the market, it also leads to a more favourable view of zoning and new urbanist principles. The paper concludes that the main objective and defining characteristic of nomocratic rules is that they serve to allocate property rights over commonly owned resources.Keywords methodology of planning, nomocracy, planning and regulation, planning of complex systems, property rights Literature on the methodology of planning of complex systemsThis section examines the literature on the methodology of planning complex systems, particularly the nomocratic approach. This review reveals that the theory of nomocracy has not yet clearly identified the characteristic features, objectives and methods of nomocratic rules that distinguish them from other rules governing human activities. Methods of planning relevant to the management of complex systemsDefining complex systems is not easy, and even the best definitions may allow for different interpretations and require clarification.

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“…To a large extent, the thesis for regulatory capitalism is therefore nested inside the regulatory state hypothesis. For example, both share similar themes: the division of labour between state and society, the division of state, the codification of relationships, and the development of metaregulatory techniques for enforced self‐regulation (Wright 2009; Levi‐Faur and Gilad 2004). Unlike the regulatory state hypothesis, however, regulatory capitalism interprets the expansion of regulation as part of a wider phenomenon within the historical development of capitalism.…”

Section: Hybridity Divergence and Regulatory Capitalismmentioning

confidence: 99%

“…It leaves the business of service provision to market and society. Thus, the regulatory state is defined by a shift of emphasis from the old bureaucratic model of taxing and spending towards rule making, ruling at a distance, and allowing other organizations to provide services (Levi‐Faur and Gilad 2004; Braithwaite 2000). While this division of labour between a steering DH and rowing organizations, like ISTCs and FTs, is evident in Labour's reform NHS provision, its reregulation of NHS fails to make such a division.…”

Section: The Division Of Labour Between State and Societymentioning

confidence: 99%

“…The division of state refers to a separation of policymaking and regulatory functions, whereby government retains the role of thinking and guiding, and transfers responsibility for regulation to independent organizations (Levi‐Faur and Gilad 2004). In the regulatory governance literature, the division of state is a consequence of the division of labour between steering and rowing organizations.…”

Section: The Division Of Statementioning

confidence: 99%

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Regulatory Capitalism and the UK Labour Government's Reregulation of Commissioning in the English National Health Service

Wright¹

2010

Law &Amp; Policy

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Today, policy analysts and regulatory governance scholars are sceptical about the capacity of the regulatory state hypothesis to describe change at the institutional level. For many, the hypothesis is a convenient oversimplification that fails to account for the hybridity of institutional arrangements within individual policy sectors and also for the divergence of reform trajectories across different national and sector-based policy contexts. This article assesses the influence of the key themes of the regulatory state on the UK Labour government's reregulation of National Health Service (NHS) commissioning organizations. Following the critics, it argues that these themes are only partially evident in the programme. While the government has codified previously informal relationships with policies like Patient Choice and has also subjected commissioning organizations to metaregulatory techniques, its reforms have neither displaced public ownership and the direct supply of commissioning services with markets and new mechanisms for rule making and standard setting, nor have the reforms divided labour within the state by creating an independent agency to regulate NHS commissioning organizations via technocratic means. Under the reforms, NHS commissioning continues to take place within a structure of bureaucratic relationships. However, the article suggests that the hybridity of regulatory techniques at work within the UK Labour government's reregulation of NHS commissioning lends weight to the claim that the current era is one of regulatory capitalism. It concludes with a discussion of the consequences of this finding for the public policy and regulatory governance literatures.l apo_328 27..59 HYBRIDITY, DIVERGENCE, AND THE REGULATORY STATEThe term "regulatory state" denotes a coherent style of policymaking under which markets, rule-making and newly independent regulatory institutions

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The Rise of the British Regulatory State: Transcending the Privatization Debate

Cited by 49 publications

References 5 publications

The Rise and Fall of Carbon Emissions Trading

The Rise and Fall of Carbon Emissions Trading

Property rights and methods of nomocratic planning

Regulatory Capitalism and the UK Labour Government's Reregulation of Commissioning in the English National Health Service

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