Suchergebnisse

The late twentieth century witnessed significant shifts in the institutions and processes of governance in most members states of the OECD, as direct provision (sometimes characterised as welfare state governance) was, to some degree, displaced by the rise of the regulatory state. Changes in the nature of state intervention have been accompanied also by fundamental challenges to traditional conceptions of the centrality of the nation state as regards its dominance of key resources (notably taxation and capacities for coercion) and for the maintenance of the rule of law and democracy, as transnational and non-state power have assumed greater significance. In this paper I assess both narrow and broad versions of the challenge presented to the values of constitutionalism by regulatory governance. The narrow constitutionalist critique locates the problem of regulatory governance with the delegation of governmental power to regulatory agencies. A broader constitutionalist critique looks beyond delegation to other organs of the state, and notes that the de-centring of regulatory governance has increasingly implicated both non-state and supranational governmental bodies in regulatory tasks through implicit and explicit delegation and through the assumption of regulatory powers with little or no state involvement. I suggest that one response to the broad critique is to institutionalise broader modes of control and accountability which are best able to match the governance powers which are targeted. ; This paper has been delivered within the context of the research project: Transnational Private Regulatory Regimes: Constitutional foundations and governance design Co-financed by HiiL (Hague Institute for the Internationalisation of Law) www.hiil.org www.privateregulation.eu

This paper examines the potential of legislative and non-legislative reform to Newfoundland and Labrador's housing policies. In particular, attention is paid to legislative rental control, legislative tenancy protection programs and the necessity of providing subsidy programs to landlords and development groups to provide incentives for the private market to assist in developing affordable housing options.

The explosion of usage of the Internet has caused considerable anxiety concerning the capacity of states to fulfil the functions they have developed in protecting consumers. Online business is booming in many sectors. Key examples, investigated in this article, are online investing, Internet gambling, and e‐shopping (sale of goods via the Internet). The article suggests that the high‐level discourse of regulatory reform and innovation has been focused on what may be done with state instruments and agencies to address the problems. We argue for adjusting the focus and offer an analysis of examples of non‐state mechanisms and actors with the potential to enhance regulatory protections.

Australian government has undergone an "audit explosion" in the last twenty years. This article observes, first, that the constitutional function of public sector audit institutions (AIs) gives them a strong cultural commitment to the assessment of the regularity and legality of public expenditure. New functions connected with performance audit and evaluation of nonfinancial performance indicators are liable to be interpreted through the lens of these more traditional concerns. The second observation is that, if we think in terms of "regimes" of financial control, we find that AIs form only part of the overall regulatory regime. This calls into question the coherence and potential for effectiveness of regimes of financial control. However, AIs could also be conceived as "meta‐regulators" with the capacity to steer the self‐regulatory capacities of public sector organizations in respect of financial controls. Auditors may be effective as meta‐regulators through speaking softly, even though they demonstrably lack big sticks.

Introduction : This chapter forms part of a larger project examining governance 'beyond the regulatory state'. Governance has been defined in a variety of ways in both official and secondary literatures. In this chapter the 'age of governance' is conceived in terms of recognizing the dispersal of capacities and resources relevant to the exercise of power among a wide range of state, non-state and supranational actors. An analysis in which governance is no longer seen as the exclusive prerogative of the nation state presents a challenge to the literature which argues that the last years of the twentieth century witnessed 'the rise of the regulatory state.' (Majone 1994). In this chapter three core assumptions of the regulatory state movement are scrutinized using theoretical and empirical literatures which challenge one or more of these central ideas: regulation is instrumental in character; the state is necessarily central to regulatory governance; state law is a central instrument of regulatory governance. Each of these assumptions has a descriptive and a normative dimension, both of which are assessed in the critique. The objective of the analysis is not wholly to dispense with the assumptions but rather to act as a corrective to an influential literature which, because of its neglect of the non-instrumental dimension of regulation, non-state regulation and regulation which deploys non-state law, is, incomplete in its mapping of regulatory governance arrangements. This chapter focuses on one aspect of the critique concerning the centrality of state law to regulation. It argues for shifting the focus of analysis from state law to the wider range of norms and mechanisms through control is asserted or achieved, however indirectly. The exercise is complementary to policy moves towards 'alternatives to state regulation' (Better Regulation Task Force 2000). The approach constitutes something of a mirror image to those who are arguing that the centrality of the state is too little rather than too much assumed (Weiss 1998). The question at the heart of this paper is to what to extent can we or should we think of regulatory governance functioning in a manner not dependent on state law or which state law is not central (cf Black 2001a). The chapter maps current thinking on the nature of the 'regulatory state' and then sets out, in critical fashion, a range of theoretical approaches which challenge thinking about regulation which is oriented to the capacities of the state. Underlying this 'postregulatory'thinking are concerns that the assertion of control by state regulatory bodies is, in many cases, implausible. Set against this many instances of well-ordered economic and social relations are observable in environments where there is little state activity. This chapter invites the reader not to wholly discard conventional conceptions of the state role in regulation. Indeed, other chapters in this volume deploy related arguments about variety in regulatory norms to enrich rather than challenge the idea of the regulatory state. The alternative offered here is to think about governance in a different way so as to admit a wider range of norms, institutions and processes as constituting a way of thinking labelled 'the post-regulatory state'.

On autonomy and development / Colin H. Scott -- Healing the past, meeting the future / Peter Penashue -- Shaping modern Inuit territorial perception and identity in the Quebec-Labrador peninsula / Ludger Müller-Wille -- Writing legal histories on Nunavik / Susan G. Drummond -- The landscape of Nunavik/the territory of Nouveau-Québec / Peter Jacobs -- Aboriginal rights and interests in Canadian northern seas / Monica E. Mulrennan and Colin H. Scott -- Territories, identity, and modernity among the Atikamekw (Haut St-Maurice, Quebec) / Sylvie Poirier -- Voices from a disappearing forest : government, corporate, and Cree participatory forestry management practices / Harvey A. Feit and Robert Beaulieu -- Conflicts between Cree hunting and sport hunting : co-management decision making at James Bay / Colin H. Scott and Jeremy Webber -- Becoming a mercury dealer : moral implications and the construction of objective knowledge for the James Bay Cree / Richard T. Scott -- Media contestation of the James Bay and Northern Québec Agreement : the social construction of the "Cree problem" / Donna Patrick and Peter Armitage -- Low-level military flight training in Quebec-Labrador : the anatomy of a northern development conflict / Mary Barker -- The land claims negotiations of the Montagnais, or Innu, of the province of Quebec and the management of natural resources / Paul Charest -- Community dispersal and organization : the case of Oujé-Bougoumou / Abel Bosum -- Gathering knowledge : reflections on the anthropology of identity, aboriginality, and the annual gatherings in Whapmagoostui, Quebec / Naomi Adelson -- Building a community in the town of Chisasibi / Susan Jacobs -- Cultural change in Mistissini : implications for self-determination and cultural survival / Catherine James -- The decolonization of the self and the recolonization of knowledge : the politics of Nunavik health care / Josée G. Lavoie -- Country space as a healing place : community healing at Sheshatshiu / Cathrine Degnen -- The concept of community and the challenge for self-government / Hedda Schuurman -- The double bind of aboriginal self-government / Adrian Tanner -- Ways forward / Colin H. Scott

Regulating contract law / Hugh Collins -- Law and regulation : the case of finance / Julia Black -- Regulating corporate governance / Angus Corbett and Stephen Bottomley -- Regulating families / John Dewar -- Regulating work / Richard Johnstone and Richard Mitchell -- Regulating torts / Jane Stapleton -- Criminalization as regulation : the role of criminal law / Nicola Lacey -- Regulating property : problems of efficiency and regulatory capture / Peter Drahos -- Regulating competition / Imelda Maher -- Administrative law as regulation / Peter Cane -- Regulating constitutions / Colin Scott -- Regulatory frameworks in international law / Hilary Charlesworth and Christine Chinkin -- Conclusion / John Braithwaite and Christine Parker

Abstract
A search of the Irish State Administration Database (ISAD, www.isad.ie), which records the origins, life cycle, policy domain and functions of all central public organisations since the foundation of the Irish state over a century ago, reveals that, following the formative and turbulent year of 1922, the Office of the Comptroller and Auditor General was the first new agency formally established in 1923. The primacy given to what we might now refer to as a supreme audit institution (SAI) for the public sector reflects the importance of financial control to the effective functioning and legitimacy of the executive organs of the nascent state. In this paper we analyse the changing range and scope of functions undertaken by the Comptroller and Auditor General in its first century. We examine first the sustained growth in the number and type of public bodies subject to Comptroller and Auditor General scrutiny. Second, we look at the broadening in scope of audit functions beyond the traditional concerns of regularity, ensuring the money was spent for the purposes for which it was given (financial and compliance audit), to encompass wider values such as efficiency, economy and effectiveness and even performance, more broadly conceived. Finally, as well as the instrumental perspective on the role of the Comptroller and Auditor General's Office, we reflect on the key relationships and cultural and symbolic dimensions of the Office's work across time. From this analysis we draw some conclusions about the nature of financial control in the contemporary state, as compared with the early Irish state.