Rules and Government

This is a study of the use of non-statutory rules in government, and their potential and limitations. It examines how rule-use can be assessed, the success of rule-use, the analysis in rule-making, and the particular problems of governing with rules within the European Community.

This book examines how governmental and regulatory activities are carried out by `soft laws'' in the form of codes, regulations, directives and other non-statutory rules. Key questions considered are: When should government or regulation be structured according to soft law rules? What are the alternatives to rules? What is a `good'' governmental or regulatory process?The design of rules as well as their enforcement is investigated and a case study throws light on the techniques regulators may use to secure compliance. The connection between securing compliance and achieving the right results is then focused on and issues of inclusiveness, standard-setting and `creative compliance'' are discussed.The potential of cost benefit analysis as a means of testing rules is evaluated and the European context, within which regulatory and governmental rules operate is considered in an extended discussion of `Euro-rules''.Rules and Government concludes by reviewing the alternatives to rules, considering the potential of `light touch'' regulatory styles that do not stress commands and suggests how the legitimacy of governmental and regulatory process can be maximised.Rules and Government is essential reading for lawyers, political scientists, economists and those of all disciplines who are concerned with:* Regulation: its design, operation and enforcement* Choices of regulatory strategy* Issues of compliance* Governmental policy-making processes* Legislation and its techniques* Public law or the law of regulated sectors* Economic appraisals and regulation* Standard - setting and rule selection* The Europeanisation of regulation and government* The drift to `government by circular''* Due process in government* The control of discretionThe book is of relevance not merely to academics but also to:* Practitioners and advisers in regulated sectors* Civil Servants and those in firms who respond daily to rules and regulationsPolicy-makers in government departments and agencies* Legislators and rule-makers.