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The Legitimacy and Responsiveness of Industry Rule-making (Hardcover)
Loot Price: R3,091
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The Legitimacy and Responsiveness of Industry Rule-making (Hardcover)
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Rule-making is no longer an activity undertaken exclusively by
public actors. Private actors are increasingly allowed by
legislatures and regulatory bodies to take part in (and in some
cases assume responsibility for) the formation of legally binding
rules, for example in the US, UK, Australia and the EU. Departing
from traditional forms of rule-making by involving private actors
may enhance the ability of regulatory systems to achieve social
goals, as regulatory scholars argue. However, because private
actors are permitted to act in their own best interests, their
involvement also raises doubts about the legitimacy of the
underlying rule-making processes and the rules that are formulated.
The principal aim of this book is to highlight that the tension
between the responsiveness that leading international regulatory
scholars advocate in order to improve regulatory effectiveness, and
the law and its formal, substantive, procedural and institutional
values, is not as great as may first appear. Drawing on three
in-depth case studies of the experience of the Australian
telecommunications industry with self-regulatory rule-making - a
form of rule-making that bears the hallmarks of 'responsive
regulation', 'democratic experimentalism', 'smart regulation' and
other strategies of proceduralization - it is argued that industry
rule-making can, as a matter of practice, be responsive and
legitimate at the same time. In doing so, the book formulates and
applies criteria against which industry rule-making should be
evaluated and identifies a number of indicia that point to when
industry rule-making is likely to be simultaneously legitimate and
responsive.
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