Legitimacy and Responsiveness of Industry Rule-making

Private actors are increasingly involved in rule-making, but this raises questions about the legitimacy of the process. This book argues that industry rule-making can be responsive and legitimate at the same time, based on three case studies of the Australian telecommunications industry. It provides criteria for evaluating industry rule-making and identifies indicators of when it is likely to be both legitimate and responsive.

Format: Paperback / softback
Length: 312 pages
Publication date: 17 December 2020
Publisher: Bloomsbury Publishing PLC

Rule-making is no longer confined to the realm of public actors alone. Legislatures and regulatory bodies are increasingly permitting private actors to participate in and, in some instances, take responsibility for the formation of legally binding rules. This trend is evident in countries such as the United States, the United Kingdom, Australia, and the European Union.

By involving private actors in the rule-making process, regulatory systems can potentially enhance their ability to achieve social goals. Regulatory scholars argue that this departure from traditional forms of rule-making can lead to more effective and responsive regulation. However, their involvement also raises concerns about the legitimacy of the underlying rule-making processes and the rules that are formulated.

The primary objective of this book is to dispel the notion that there is a significant tension between the responsiveness advocated by leading international regulatory scholars and the values of law, its formalities, substantive aspects, procedural rigor, and institutional frameworks. Through in-depth case studies of the Australian telecommunications industry's experience with self-regulatory rule-making, a form of rule-making characterized by responsive regulation, democratic experimentalism, smart regulation, and other proceduralization strategies, the book demonstrates that industry rule-making can be both responsive and legitimate simultaneously.

The book formulates and applies criteria against which industry rule-making should be evaluated, identifying a number of indicia that point to when industry rule-making is likely to be both legitimate and responsive. These criteria include the involvement of diverse stakeholders, the use of evidence-based decision-making, the promotion of transparency and accountability, and the ability to adapt to changing circumstances.

In conclusion, the increasing involvement of private actors in rule-making has the potential to improve regulatory effectiveness and responsiveness. However, it is essential to ensure that the underlying rule-making processes are transparent, accountable, and aligned with the values of law and its formalities. By evaluating industry rule-making against these criteria, we can better understand the challenges and opportunities associated with this evolving regulatory landscape.

Weight: 486g
Dimension: 155 x 233 x 21 (mm)
ISBN-13: 9781509943821