Richard Rawlings

Tony Prosser

Dawn Oliver

This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.

Constitutional Implications

The Regulatory State

This book will, for the first time, offer a comprehensive analysis of the legal duties which apply to the regulators of privatized industries, transport, civil aviation and independent television in the United Kingdom, with detailed accounts of how these duties have been put into practice bythe regulators. There is an assessment of the philosophy behind these principles, and an account of the principles which can be derived from the law of the European Union, which are relevant to regulators' work. Particular emphasis is placed on the interaction of the encouragement of competition,the encouragement of economic efficiency and the implementation of social goals such as the provision of universal public service, and the way in which these various principles interact.

Tony Prosser

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