Designing Effective Regulation: A Positive Theory

Donald Feaver, Benedict SHEEHY

Research output: Contribution to journalArticle

Abstract

The design of regulation has undergone much change with the rise of the regulatory state.1 The use of the rigid and punitive command-and-control approach has been superseded by new and more flexible ways of addressing social problems. However, the new approaches are not a panacea.2 For example, it is widely accepted that newer approaches used to regulate banks in the United States and some European countries contributed to the Global Financial Crisis – a failure having prolonged and catastrophic effects.3 A more modest example is the near total collapse of the Australian childcare sector in 2008 following the ‘deregulation’ of the industry without adequate public oversight mechanisms.
Original languageEnglish
Pages (from-to)961-994
Number of pages34
JournalUniversity of New South Wales Law Journal
Volume38
Issue number3
Publication statusPublished - 2015
Externally publishedYes

Fingerprint

Social Problems
Industry

Cite this

@article{655a0fd5d3a14ed1b9849b52bda8052b,
title = "Designing Effective Regulation: A Positive Theory",
abstract = "The design of regulation has undergone much change with the rise of the regulatory state.1 The use of the rigid and punitive command-and-control approach has been superseded by new and more flexible ways of addressing social problems. However, the new approaches are not a panacea.2 For example, it is widely accepted that newer approaches used to regulate banks in the United States and some European countries contributed to the Global Financial Crisis – a failure having prolonged and catastrophic effects.3 A more modest example is the near total collapse of the Australian childcare sector in 2008 following the ‘deregulation’ of the industry without adequate public oversight mechanisms.",
author = "Donald Feaver and Benedict SHEEHY",
year = "2015",
language = "English",
volume = "38",
pages = "961--994",
journal = "The University of New South Wales law journal",
issn = "0313-0096",
publisher = "Law School, University of New South Wales",
number = "3",

}

Designing Effective Regulation: A Positive Theory. / Feaver, Donald ; SHEEHY, Benedict.

In: University of New South Wales Law Journal, Vol. 38, No. 3, 2015, p. 961-994.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Designing Effective Regulation: A Positive Theory

AU - Feaver, Donald

AU - SHEEHY, Benedict

PY - 2015

Y1 - 2015

N2 - The design of regulation has undergone much change with the rise of the regulatory state.1 The use of the rigid and punitive command-and-control approach has been superseded by new and more flexible ways of addressing social problems. However, the new approaches are not a panacea.2 For example, it is widely accepted that newer approaches used to regulate banks in the United States and some European countries contributed to the Global Financial Crisis – a failure having prolonged and catastrophic effects.3 A more modest example is the near total collapse of the Australian childcare sector in 2008 following the ‘deregulation’ of the industry without adequate public oversight mechanisms.

AB - The design of regulation has undergone much change with the rise of the regulatory state.1 The use of the rigid and punitive command-and-control approach has been superseded by new and more flexible ways of addressing social problems. However, the new approaches are not a panacea.2 For example, it is widely accepted that newer approaches used to regulate banks in the United States and some European countries contributed to the Global Financial Crisis – a failure having prolonged and catastrophic effects.3 A more modest example is the near total collapse of the Australian childcare sector in 2008 following the ‘deregulation’ of the industry without adequate public oversight mechanisms.

M3 - Article

VL - 38

SP - 961

EP - 994

JO - The University of New South Wales law journal

JF - The University of New South Wales law journal

SN - 0313-0096

IS - 3

ER -