Abstract
Regulators in different countries and domains experiment with regulatory tools that allow organizations to adapt regulation to their individual circumstances, while holding them accountable for their self-regulation systems. Several labels have been coined for this type of regulation, including systems-based regulation, enforced self-regulation, management-based regulation, principles-based regulation, and meta-regulation. In this article, these forms of regulatory governance are classified as belonging to one family of "process-oriented regulation." Based on a review of diverse empirical and theoretical research, it is suggested that the family of process-oriented regulation tends to have a positive, albeit varied, impact on organizations' performance, and the factors that shape this inconsistent effect are analyzed. Building on aspects of Parker's normative construct of "meta-regulation," the article explores the extent to which her innovative notion of a learning-oriented approach to regulation might overcome some of the weaknesses of prevalent process-oriented approaches. It is proposed that under conditions of regulatory uncertainty or entrenched and prevalent non-compliance or both, meta-regulation is likely to have many advantages over other forms of process-oriented regulation. Yet realizing these advantages requires a rare combination of high regulatory capacity, a stable regulatory agenda, and a supportive political environment.
Original language | English |
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Pages (from-to) | 485-506 |
Number of pages | 22 |
Journal | Regulation and Governance |
Volume | 4 |
Issue number | 4 |
DOIs | |
State | Published - Dec 2010 |
Keywords
- Enforced self-regulation
- Management-based regulation
- Meta-regulation
- Principles-based regulation
- Process-oriented regulation
- Regulatory governance
- Self-regulation