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Beyond the fear of discretion: Flexibility, performance, and accountability in the management of regulatory bureaucracies

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  • Roberto R. C. Pires

Abstract

This study explores the implications of different approaches to performance management for inspection work and regulatory outcomes. It assesses to what extent variations in methods for controlling discretion explain why in some cases regulatory inspectors limit themselves to the narrow boundaries of their formal mandate, while in other cases they work collaboratively with inspected firms and other organizations to develop innovative strategies that solve complex regulatory and business problems. After reviewing alternative approaches to the management of discretion, I present a natural experiment that offered an opportunity for controlled comparisons of two current attempts to reconcile bureaucratic performance with accountability: New Public Management and Experimentalist Governance. Case comparisons in the area of labor inspection in Brazil – involving severance payments, fraudulent cooperatives, and safety in construction – suggest that these two approaches to the management of regulatory bureaucracies produce considerably different inspection strategies and regulatory outcomes. The different accountability mechanisms and investigation strategies inspired by each of these approaches create different sets of incentives with direct effects on inspectors' motivation and their ability to resolve compliance problems.

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  • Roberto R. C. Pires, 2011. "Beyond the fear of discretion: Flexibility, performance, and accountability in the management of regulatory bureaucracies," Regulation & Governance, John Wiley & Sons, vol. 5(1), pages 43-69, March.
    • Handle: RePEc:wly:reggov:v:5:y:2011:i:1:p:43-69
    DOI: 10.1111/j.1748-5991.2010.01083.x
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    1. Braithwaite, John, 2006. "Responsive regulation and developing economies," World Development, Elsevier, vol. 34(5), pages 884-898, May.
    2. Michael J. PIORE & Andrew SCHRANK, 2008. "Toward managed flexibility: The revival of labour inspection in the Latin world," International Labour Review, International Labour Organization, vol. 147(1), pages 1-23, March.
    3. McCubbins, Mathew D & Noll, Roger G & Weingast, Barry R, 1987. "Administrative Procedures as Instruments of Political Control," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 3(2), pages 243-277, Fall.
    4. McDermott, Rose, 2002. "Experimental Methodology in Political Science," Political Analysis, Cambridge University Press, vol. 10(4), pages 325-342.
    5. Gibson, James L. & Caldeira, Gregory A. & Spence, Lester Kenyatta, 2002. "The Role of Theory in Experimental Design: Experiments Without Randomization," Political Analysis, Cambridge University Press, vol. 10(4), pages 362-375.
    6. James G. March, 1991. "Exploration and Exploitation in Organizational Learning," Organization Science, INFORMS, vol. 2(1), pages 71-87, February.
    7. Roberto PIRES, 2008. "Promoting sustainable compliance: Styles of labour inspection and compliance outcomes in Brazil," International Labour Review, International Labour Organization, vol. 147(2-3), pages 199-229, June.
    8. Parker,Christine, 2002. "The Open Corporation," Cambridge Books, Cambridge University Press, number 9780521818902, January.
    9. Susan S. Silbey & Ruthanne Huising & Salo V. Coslovsky, 2009. "The Sociological Citizen : Recognizing Relational Interdependence in Law and Organizations," Post-Print hal-02311931, HAL.
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