Discretion and Public Benefit in a Regulatory Agency

Discretion and Public Benefit in a Regulatory Agency PDF Author: Vijaya Nagarajan
Publisher: ANU E Press
ISBN: 1922144363
Category : Political Science
Languages : en
Pages : 296

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Book Description
This book explores the manner in which a variety of public benefits such as environmental protection and consumer safety have been accommodated through the authorisation process within competition law and policy in Australia. While the regulator s use of its discretion can be explained as a triumph of practice over theory, this book explores the potential for competition principles to be imbued by the wider discourses of democratic participation and human rights. In doing so it makes a significant contribution to the Australian competition policy as well as reconceptualising the way in which discretion is used by regulators...a very important and creative contribution to the literatures on both business regulation in general and Australian competition and consumer protection law in particular. It pays special attention to an everyday regulatory function that is often ignored in scholarship. And it is very important in challenging--on both empirical and normative policy oriented grounds--a narrowly economic approach to competition law, and proposing an alternative understanding and practice for the public benefit test in ACCC authorisations.

Discretion and Public Benefit in a Regulatory Agency

Discretion and Public Benefit in a Regulatory Agency PDF Author: Vijaya Nagarajan
Publisher: ANU E Press
ISBN: 1922144363
Category : Political Science
Languages : en
Pages : 296

Get Book Here

Book Description
This book explores the manner in which a variety of public benefits such as environmental protection and consumer safety have been accommodated through the authorisation process within competition law and policy in Australia. While the regulator s use of its discretion can be explained as a triumph of practice over theory, this book explores the potential for competition principles to be imbued by the wider discourses of democratic participation and human rights. In doing so it makes a significant contribution to the Australian competition policy as well as reconceptualising the way in which discretion is used by regulators...a very important and creative contribution to the literatures on both business regulation in general and Australian competition and consumer protection law in particular. It pays special attention to an everyday regulatory function that is often ignored in scholarship. And it is very important in challenging--on both empirical and normative policy oriented grounds--a narrowly economic approach to competition law, and proposing an alternative understanding and practice for the public benefit test in ACCC authorisations.

Discretion and Public Benefit in a Regulatory Agency

Discretion and Public Benefit in a Regulatory Agency PDF Author: Vijaya Nagarajan
Publisher:
ISBN:
Category : Administrative agencies
Languages : en
Pages :

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Book Description
This book explores the manner in which a variety of public benefits such as environmental protection and consumer safety have been accommodated through the authorisation process within competition law and policy in Australia. While the regulator's use of its discretion can be explained as a triumph of practice over theory, this book explores the potential for competition principles to be imbued by the wider discourses of democratic participation and human rights. In doing so it makes a significant contribution to the Australian competition policy as well as reconceptualising the way in which discretion is used by regulators. ℗Œ a very important and creative contribution to the literatures on both business regulation in general and Australian competition and consumer protection law in particular. It pays special attention to an everyday regulatory function that is often ignored in scholarship. And it is very important in challenging”on both empirical and normative policy oriented grounds”a narrowly economic approach to competition law, and proposing an alternative understanding and practice for the public benefit test in ACCC authorisations. The data Vij Nagarajan has analysed is quite unique in its focus. It is a kind of data and analysis that has not been completed before in the international literature. It is well written, theoretically sophisticated and incisive in its policy analysis.

Preventing Regulatory Capture

Preventing Regulatory Capture PDF Author: Daniel Carpenter
Publisher: Cambridge University Press
ISBN: 1107036089
Category : Business & Economics
Languages : en
Pages : 531

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Book Description
Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.

Does Regulation Kill Jobs?

Does Regulation Kill Jobs? PDF Author: Cary Coglianese
Publisher: University of Pennsylvania Press
ISBN: 0812209249
Category : Political Science
Languages : en
Pages : 299

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Book Description
As millions of Americans struggle to find work in the wake of the Great Recession, politicians from both parties look to regulation in search of an economic cure. Some claim that burdensome regulations undermine private sector competitiveness and job growth, while others argue that tough new regulations actually create jobs at the same time that they provide other benefits. Does Regulation Kill Jobs? reveals the complex reality of regulation that supports neither partisan view. Leading legal scholars, economists, political scientists, and policy analysts show that individual regulations can at times induce employment shifts across firms, sectors, and regions—but regulation overall is neither a prime job killer nor a key job creator. The challenge for policymakers is to look carefully at individual regulatory proposals to discern any job shifting they may cause and then to make regulatory decisions sensitive to anticipated employment effects. Drawing on their analyses, contributors recommend methods for obtaining better estimates of job impacts when evaluating regulatory costs and benefits. They also assess possible ways of reforming regulatory institutions and processes to take better account of employment effects in policy decision-making. Does Regulation Kills Jobs? tackles what has become a heated partisan issue with exactly the kind of careful analysis policymakers need in order to make better policy decisions, providing insights that will benefit both politicians and citizens who seek economic growth as well as the protection of public health and safety, financial security, environmental sustainability, and other civic goals. Contributors: Matthew D. Adler, Joseph E. Aldy, Christopher Carrigan, Cary Coglianese, E. Donald Elliott, Rolf Färe, Ann Ferris, Adam M. Finkel, Wayne B. Gray, Shawna Grosskopf, Michael A. Livermore, Brian F. Mannix, Jonathan S. Masur, Al McGartland, Richard Morgenstern, Carl A. Pasurka, Jr., William A. Pizer, Eric A. Posner, Lisa A. Robinson, Jason A. Schwartz, Ronald J. Shadbegian, Stuart Shapiro.

Achieving Regulatory Excellence

Achieving Regulatory Excellence PDF Author: Cary Coglianese
Publisher: Brookings Institution Press
ISBN: 0815728433
Category : Political Science
Languages : en
Pages : 360

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Book Description
Whether striving to protect citizens from financial risks, climate change, inadequate health care, or the uncertainties of the emerging “sharing” economy, regulators must routinely make difficult judgment calls in an effort to meet the conflicting demands that society places on them. Operating within a political climate of competing demands, regulators need a lodestar to help them define and evaluate success. Achieving Regulatory Excellence provides that direction by offering new insights from law, public administration, political science, sociology, and policy sciences on what regulators need to do to improve their performance. Achieving Regulatory Excellence offers guidance from leading international experts about how regulators can set appropriate priorities and make sound, evidence-based decisions through processes that are transparent and participatory. With increasing demands for smarter but leaner government, the need for sound regulatory capacity—for regulatory excellence—has never been stronger.

The Oxford Handbook of Business and the Natural Environment

The Oxford Handbook of Business and the Natural Environment PDF Author: Pratima Bansal
Publisher: Oxford University Press
ISBN: 0199584451
Category : Business & Economics
Languages : en
Pages : 717

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Book Description
This Handbook discusses the main issues, research, and theory on business and the natural environment, and how they impact on different business functions and disciplines

Regulation

Regulation PDF Author: Jerry Brito
Publisher: Mercatus Center at George Mason University
ISBN: 0983607737
Category : Law
Languages : en
Pages : 128

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Book Description
Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.

OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk

OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk PDF Author: OECD
Publisher: OECD Publishing
ISBN: 926408293X
Category :
Languages : en
Pages : 251

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Book Description
This publication presents recent OECD papers on risk and regulatory policy. They offer measures for developing, or improving, coherent risk governance policies.

The President and Immigration Law

The President and Immigration Law PDF Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361

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Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

The Administrative State

The Administrative State PDF Author: Dwight Waldo
Publisher: Routledge
ISBN: 1351486330
Category : Political Science
Languages : en
Pages : 384

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Book Description
This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.