The Concept of Regulatory State: An Analysis of Regulation as Instrument of Governance

Document Type : Research Paper

Authors

1 Assistant Professor of Public Law, Allameh Tabataba'i University

2 Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran

Abstract

Conceptual fragmentation of regulation and the existence of different definitions and perceptions thereof, prevent a clear understanding of the concept of the regulatory state. This research seeks to answer the question "What role does understanding of regulatory play in conceptualizing regulatory state?" It hypothesizes that "an understanding of regulation, as the most important tool of governance in the regulatory state, is the most important factor in understanding the term regulatory state." The purpose of this study is to provide a clear the concept of regulatory state. For this purpose, various definitions of regulation and regulatory state are collected using library method, thereafter the terms regulation and regulatory state are defined and the components of the definition of regulatory state are described using the descriptive-analytical method and its differences with minimal and welfare state are shown. The finding of this study is the clarification of the concepts of regulation and regulatory state and provision of clear definitions of the two, which has been obtained in the light of the knowledge obtained from analyzing and reviewing various definitions of them, and comparing regulatory state with minimal and welfare state.

Keywords


Administrative state - Ballotpedia. Retrieved from https://ballotpedia.org/ Administrative_state
At Arm's Length Definition of At Arm's Length by Merriam-Webster. Retrieved from https://www.merriam-webster.com/dictionary/at arm %27s length
Ayres, Ian, & Braithwaite, John. (1992). Responsive Regulation: Transcending the Deregulation Debate. New York: Oxford University Press.
Bach, David, & Newman, Abraham. (2016). Regulatory state. Encyclopedia Britannica. Retrieved from https://www.britannica.com/ topic/ regulatory-state
Bevir, Mark. (2007). Governance. In Mark Bevir (Ed.), Encyclopedia of Governance (pp. 364-381). London: Sage.
Black, Julia. (2002). Critical Reflections on Regulation. Australian Journal of Legal Philosophy, 1(27), 1-35.
Bora, Alfons. (2017). Semantics of ruling: reflective theories of regulation, governance and law. In Regine Paul, Marc Mölders, Alfons Bora, Michael Huber, & Peter Münte (Eds.), Society, Regulation and Governance (pp. 15-37). Massachusetts: Edward Elgar Publishing.
Braithwaite, John. (2009). The Regulatory State? In Rod AW and Binder Rhodes, Sarah A and Rockman, Bert A (Ed.), The Oxford Handbook of Political Institutions (pp. 408-430). New York: Oxford University Press.
Christensen, Jørgen Grønnegård. (2011). Competing theories of regulatory governance: reconsidering public interest theory of regulation. In David Levi-Faur (Ed.), Handbook on the Politics of Regulation (pp. 96-110). Massachusetts: Edward Elgar Publishing.
Clegg, Liam, & Farstad, Fay. (2021). The local political economy of the regulatory state: Governing affordable housing in England. Regulation & Governance, 15(1), 168-184.
Cohn, Margit. (2011). Law and regulation: the role, form and choice of legal rules. In David Levi-Faur (Ed.), Handbook on the politics of regulation (pp. 185-200). Massachusetts: Edward Elgar Publishing.
Dubash, Navroz K, & Morgan, Bronwen. (2013). The rise of the regulatory state of the south: Infrastructure and development in emerging economies. London: Oxford.
Faur, David Levi. (2011). Regulation and regulatory governance. In David Levi Faur (Ed.), Handbook on the Politics of Regulation (pp. 3-24). Massachusetts: Edward Elgar Publishing.
Federal Agencies Definition. Retrieved from https://www.investopedia.com/ terms/ f/federal-agencies.asp
Fiscal transfer - Definition - Citizendium.
Government agency - Wikipedia. Retrieved from https://en.wikipedia.org/wiki/ Government_agency
Haadifar, Dawood (1389), Legal Institutions of Regulation: Structure and Implementation Mechanisms, Tehran: Etrat-e-no Press. (In Persian)
Harguindéguy, Jean-Baptiste. (2007). Government. In Mark Bevir (Ed.), Encyclopedia of Governance (pp. 385-389). California: sage.
Hartlapp, Miriam. (2020). Measuring and comparing the regulatory welfare state: Social objectives in public procurement. The ANNALS of the American Academy of Political and Social Science, 691(1), 68-83.
Hashemi, Safiyehsadat, Khajenaeeni Ali, Ashtarian, kyoomars (1393), Assessment of the Perceptions about Active Institutions in the Field of Iran’s Nanotechnology and Their Responsibility for Performing Governance Functions,  Quarterly Journal of Rahbord, No (3)23, pp. 35-54. (In Persian).
Herr, Trey. (2021). Cyber insurance and private governance: The enforcement power of markets. Regulation & Governance, 15(1), 98-114.
Laking, Rob. (2005). Agencies: Their Benefits and Risks. OECD Journal on Budgeting, 4(4), 7-25.
Lavenex, Sandra, Serrano, Omar, & Büthe, Tim. (2021). Power transitions and the rise of the regulatory state: Global market governance in flux. Regulation & Governance, 15(3), 445-471.
Lee, Simon. (2007). State. In Mark Bevir (Ed.), Encyclopedia of Governance (pp. 922-923). London: Sage Publications.
Levi-Faur, David. (2011). The Odyssey of the Regulatory State : Episode One : The Rescue of the Welfare State. Jerusalem Papers in Regulation & Governance, 1(39), 1-35.
Levi-Faur, David. (2013). The Odyssey of the Regulatory State: From a "Thin" Monomorphic Concept to a "Thick" and Polymorphic Concept. Law and Policy, 35(2), 29-50.
Levi-Faur, David. (2017). Regulatory capitalism. In Peter Drahos (Ed.), Regulatory theory: Foundations and applications (pp. 289-302). New York: ANU Press.
Mabbett, Deborah. (2011). The regulatory rescue of the welfare state. In David Levi-Faur (Ed.), Handbook on the Politics of Regulation (pp. 215-226). Massachusetts: Edward Elgar.
Majone, Giandomenico. (1997). From the Positive to the Regulatory State: Causes and Consequences of Changes in the Mode of Governance. Journal of Public Policy, 17(02), 139-167.
Najafi Rastaghi, Heidar, Zolfagharzadeh, Mohammad Mahdi (1399), Identifying Strategic Approaches to Talents Policymaking In Order to Increase the Efficiency of the Governing System of the Islamic Republic of Iran, Quarterly Journal of Rahbord,  No (3)29, pp. 29-61. (In Persian).
O’Dwyer, Conor. (2007). State Building. In Mark Bevir (Ed.), Encyclopedia of Governance (pp. 923-924). London: Sage Publications.
Patterson, Rachael. (2005). The Minimal State v the Welfare State: A Critique of the Argument between Nozick and Rawls. Southern Cross University Law Review, 9, 167-182.
Scott, Colin. (2010). Regulatory Governance and the Challenge of Constitutionalism. In Dawn Oliver, Tony Prosser, & Richard Rawlings (Eds.), The regulatory state: constitutional implications (pp. 15-33). New York: Oxford University Press.
Scott, Colin. (2017). The regulatory state and beyond. In Peter Drahos (Ed.), Regulatory theory: Foundations and applications (pp. 265-287). Massachusetts: ANU Press.
Tabatabaei, S. (2018), Theory of Separation of Powers and Organization of Political Power of State, State Studies Quarterly, No. (3)12, pp. 1-36. (in Persian)
The Administrative State - Wikipedia. Retrieved from https://en.wikipedia.org/ wiki/The_Administrative_State
Vincent, Andrew (1987), Theories of the State, Translated by Hossein Bashiriyeh,  Tehran: Nay Press. (In Persian)
Windholz, Eric, & Hodge, Graeme A. (2012). Conceptualising Social and Economic Regulation: Implications for Modern Regulators and Regulatory Activity. Monash University Law Review, 38(49), 212-237.
Yeung, Karen. (2010). The Regulatory State. In Robert Baldwin, Martin Cave, & Martin Lodge (Eds.), The Oxford Handbook of Regulation (pp. 64-83). New York: Oxford University Press.
Zolfagharzadeh Mohammad Mahdi  and Najafi Rastaghi Heidar (2020) Identifying Strategic Approaches to Talents Policymaking In Order to Increase the Efficiency of the Governing System of the Islamic Republic of Iran, the Scientific Journal of Strategy, Volume 29, Issue 3 - Serial Number 96, Autumn, Pages 29-61 (In Persian)