Governing through Regulation: Public Policy, Regulation and the Law, 1st Edition (Hardback) book cover

Governing through Regulation

Public Policy, Regulation and the Law, 1st Edition

By Eric Windholz


288 pages

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Over the past forty years, numerous theoretical advances have been made. From Ayres’ and Braithwaite’s ground breaking work on ‘responsive regulation’, we have seen models of ‘smart regulation’, ‘regulatory governance’ and ‘regulatory capitalism’ emerge to capture the growing prevalence and importance of regulation in modern liberal Western capitalist societies. Important advances also have been made in the practice of regulation, with regulators evolving from traditional enforcement focussed ‘command and control’ models to being ‘modern regulators’ with a suite of diverse and innovative regulatory tools at their disposal.

The book presents and critically examines these theoretical and practical developments from the perspective of governments who design regulations, and the regulators that deploy them. In doing so, the book examines the various forces and interests that influence and shape the regulatory endeavour, and the practical challenges facing governments and regulators when deciding whether and how to regulate.

This volume is a study of regulation in context: in the context of the public policy it is designed to deliver; the law that enables, shapes and holds it to account; and the evolving societal and institutional frameworks within which it takes place.

Aimed to provide innovative cross-disciplinary conceptual frameworks that regulators, regulatees, those whom regulation is intended to benefit, and academics, might employ to better understand and undertake the regulatory endeavour. This will be of great interest to researchers, educators, advanced students and practitioners working in the fields of political science, public management and administration, and public policy.


Table of Contents

PART 1: Introduction

1. Introduction

2. The Rise of Regulatory Governance

PART 2: Regulatory Theory, Concepts and Constructs

3. Theories of Regulation

4. Regulatory Space and Regulatory Regimes

5. Policy Processes and the Regulatory Policy Cycle

6. Bad, Better and Legitimate Regulation

PART 3: Regulatory Design and Practice

7. Define: Agenda-Setting, Issue Diagnosis and Objective Setting

8.: Design: Regime Variables; Option Generation

9. Decide: Regime Assessment and Selection

10. Implement: Regime Deployment, Application and Execution

11. Evaluate: Assessment of Regulatory Policy and Regime

PART 4: Conclusion

12. The Future of Regulatory Governance

13. Conclusion

About the Author

Eric L. Windholz is a Senior Lecturer and Research Associate with the Monash Centre for Regulatory Studies., Monash University, Australia.

About the Series

Routledge Critical Studies in Public Management

The study and practice of public management has undergone profound changes across the world. Over the last quarter century, we have seen

  • the increasing criticism of public administration as the over-arching framework for the provision of public services
  • the rise (and critical appraisal) of the ‘New Public Management’ as an emergent paradigm for the provision of public services
  • the transformation of the ‘public sector’ into the cross-sectoral provision of public services
  • the growth of the governance of inter-organizational relationships as an essential element in the provision of public services

In reality these trends have not so much replaced each other as elided or co-existed together – the public policy process has not gone away as a legitimate topic of study, intra-organizational management continues to be essential to the efficient provision of public services, whist the governance of inter-organizational and inter-sectoral relationships is now essential to the effective provision of these services.

This series is dedicated to presenting and critiquing this important body of theory and empirical study. It will publish books that both explore and evaluate the emergent and developing nature of public administration, management and governance (in theory and practice) and examine the relationship with and contribution to the over-arching disciplines of management and organizational sociology. Books in the series will be of interest to academics and researchers in this field, students undertaking advanced studies, and reflective policy makers and practitioners.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
BUSINESS & ECONOMICS / Accounting / Governmental
BUSINESS & ECONOMICS / Government & Business