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.

This book is the first comprehensive study of the use of non-statutory rules in government. When should government be carried out with rules? What are the alternatives to governing with rules, and are they part of good governmental process? These issues lie at the heart of this book, which focuses on non-statutory rules - such as codes or circulars - their potential and their limitations. It examines how rule-use can be assessed, the success of rule-use and how choices can be made between rules and alternative processes in governmental functions, the analysis in rule-making, and the particular problems of governing with rules within the European Community. From the reviews of the hardback: `Rules and Government is a pioneering attempt at analysing an area of the constitution strangely ignored by both public lawyers and by political scientists. It is a scholarly work of high quality on a subject that is likely to stimulate a good deal of further analysis in the future.'' Vernon Bogdanor, The Times Higher Education Supplement `Very well-written and readable... Rules and Government is a valuable and important contribution to the literature of law and government.'' Professor Tony Prosser, Modern Law Review `Undoubtedly this book will be an important source of material for anyone interested in regulatory design and the interaction of law and administration - this is a good book. It gives a stimulating and illuminating account of rule-making in practice and presents a mass of material clearly and in an attractive way.'' Professor Jack Beatson, Public Law `Rules and Government makes an important contribution to three areas of academic debate. First if feeds into theoretical discussion of administrative justice. Second, it contributes to a body of empirical studies on regulation. Third, it addresses the only recently developing literature on regulation through European Community rules across the disparate administrative regimes of the various member states.... Baldwin succeeds in his aim to set out a middle range theory of legitimacy. Rules and Government does not just address academics but is also relevant for rule-makers who want to improve rule-making.'' Bettina Lange, Legal Studies