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The Regulatory Gift: Politics, regulation and governance

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  • Jude Browne

Abstract

This article introduces the “regulatory gift” as a conceptual framework for understanding a particular form of government‐led deregulation that is presented as central to the public interest. Contra to theories of regulatory capture, government corruption, “insider” personal interest, or profit‐seeking theories of regulation, the regulatory gift describes reform that is overtly designed by government to reduce or reorient regulators’ functions to the advantage of the regulated and in line with market objectives on a potentially macro (rather than industry‐specific) scale. As a conceptual framework, the regulatory gift is intended to be applicable across regulated sectors of democratic states and in this article the empirical sections evidence the practice of regulatory gifting in contemporary United Kingdom (UK) politics. Specifically, this article analyses the 2011 UK Public Bodies Act, affecting some 900 regulatory public bodies and its correlative legislation, the 2014 Regulator's Code, the 2015 Deregulation Act, and the 2016 Enterprise Bill. The article concludes that while in some cases the regulatory gift may be aligned with the public interest – delivering on cost reduction, enhancing efficiency, and stimulating innovation – this will not always be the case. As the case study of the regulatory body, the UK Human Fertilisation and Embryology Authority, demonstrates, despite the explicit claims made by legislators, the regulatory gift has the potential to significantly undermine the public interest.

Suggested Citation

  • Jude Browne, 2020. "The Regulatory Gift: Politics, regulation and governance," Regulation & Governance, John Wiley & Sons, vol. 14(2), pages 203-218, April.
    • Handle: RePEc:wly:reggov:v:14:y:2020:i:2:p:203-218
    DOI: 10.1111/rego.12194
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    1. Dima Yazji Shamoun & Bruce Yandle, 2016. "Asserting presidential preferences in a regulatory review bureaucracy," Public Choice, Springer, vol. 166(1), pages 87-111, January.
    2. Hellman, Joel S. & Jones, Geraint & Kaufmann, Daniel & Schankerman, Mark, 2000. "Measuring governance, corruption, and State capture - how firms and bureaucrats shape the business environment in transition economies," Policy Research Working Paper Series 2312, The World Bank.
    3. Levine, Michael E & Forrence, Jennifer L, 1990. "Regulatory Capture, Public Interest, and the Public Agenda: Toward a Synthesis," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(0), pages 167-198.
    4. Goodin, Robert E., 1996. "Institutionalizing the Public Interest: The Defense of Deadlock and Beyond," American Political Science Review, Cambridge University Press, vol. 90(2), pages 331-343, June.
    5. Gary S. Becker, 1983. "A Theory of Competition Among Pressure Groups for Political Influence," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 98(3), pages 371-400.
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    1. Silano, Filippo, 2023. "Agency costs in primary dealer systems," ILE Working Paper Series 69, University of Hamburg, Institute of Law and Economics.

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