Regulatory State Constitutional Implications

Author: Dawn Oliver; Tony Prosser; Richard Rawlings
Publisher: Oxford University Press
ISBN: 9780199593170
Published In: December 2010
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides comprehensive coverage of topical issues, including the credit crisis, climate change, and the reform of regulatory sanctions
Using full references to and summaries of extensive judicial review case law, it gives a thorough summary and analysis of judicial review cases in regulation
Offers a comparative study of developments in the UK, the EU, and the US
This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives.

Constitutional issues discussed include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.

Readership: Students and academics working in the law, politics and economics of regulation.

1: Richard Rawlings: Introduction: Testing Times

2: Colin Scott: Regulatory Governance and the Challenge of Constitutionalism

3: Tony Prosser: Models of Economic and Social Regulation

4: Peter Strauss: Rule Making and the American Constitution

5: Aileen McHarg: Devolution and the Regulatory State: Constraints and Opportunities

6: Julia Black: The Credit Crisis and the Constitution

7: Gerd Winter: Rationing the Use of Common Resources: Design, Effectiveness and Constitutional; Implications of an Ambivalent Regulatory Tool

8: Cosmo Graham: Fundamental Rights and the Regulatory State

9: Imelda Maher and Oana Stefan: Competition Law in Europe: The Challenge of a Network Constitution

10: Fabrizio Cafaggi: Private Law-making and European Integration: Where Do They Meet, When Do They Conflict?

11: Richard Macrory: Reforming Regulatory Sanctions - Designing a Systematic Approach

12: Dawn Oliver: Regulation, Democracy and Democratic Oversight

13: Ed Humpherson: Auditing Regulatory Reform

14: Richard Rawlings: Changed Conditions, Old Truths: Judicial Review in a Regulatory Laboratory

15: Tony Prosser: Conclusion;

Edited by Dawn Oliver, Emeritus Professor of Constitutional Law, University College London, Tony Prosser, Professor of Public Law, University of Bristol, and Richard Rawlings, Professor of Public Law, University College, London

Contributors:

Julia Black, Professor of Law at the London School of Economics and Political Science and a Research Associate of the Centre for Analysis of Risk and Regulation at the LSE
Fabrizio Cafaggi, Professor of Comparative Law, European University Institute, Fiesole
Cosmo Graham, Professor of Law, University of Leicester
Ed Humpherson, Assistant Auditor General, National Audit Office
Aileen McHarg, Senior Lecturer in Public Law, University of Glasgow
Richard Macrory, Barrister, Professor of Environmental Law, University College, London
Imelda Maher, Sutherland Professor of European Law, School of Law and Dublin European Institute, University College Dublin
Dawn Oliver, Professor of Constitutional Law, University College London
Tony Prosser, Professor of Public Law, University of Bristol
Richard Rawlings, Professor of Public Law, University College London
Colin Scott, Professor of EU Regulation and Governance at University College Dublin, and a visiting Professor at the College of Europe, Bruges
Michael Smyth CBE, Partner, Head of Public Policy, Clifford Chance LLP
Oana Stefan, Doctoral Candidate, School of Law, University College Dublin
Peter Strauss, Betts Professor of Law at Columbia Law School, USA and Fernand Braudel Senior Fellow at the European University Institute, Fiesole, Italy
Gerd Winter, Professor of Public Law and the Sociology of Law, University of Bremen