摘要:

This issue of Law&Policy adds to the growing body of empirical case studies of decision‐making and enforcement in regulatory agencies. Summarizing that research, regulatory enforcement styles can be described in terms of two dimensions, one concerning the ways in which regulatory violations are defined and punished, the other concerning outcomes, described in policy‐evaluative terms. In explaining variation in enforcement style, existing studies point to three sets of factors: characteristics of the regulatory “legal design”; features of agencies' “task environment”; and the regulatory “political environment.” Weighting the relative importance of these factors, however, is difficult because of the number and fluidity of variables and the adaptiveness of regu

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1989.tb00022.x

出版商:Blackwell Publishing Ltd    

年代:1989

数据来源: WILEY

摘要:

In the Netherlands, the system of rules concerning land‐use and building at first sight seems rigid. A closer look, however, discloses a remarkable amount of flexibility partly authorized by ‘hidden’ legal possibilities. In assessing applications for building permits officials generally rely primarily not on the rules of building ordinances but on professional norms of good construction practice. A case‐study of land‐use planning shows a decision‐process characterized by coalition‐building which produces plans that are constantly changed to meet shifting external political and economic constraints. Such practices tend to endanger the normative goals of legal certainty and public accountability. To characterize the decision‐processes involved as ‘rule‐application’ or ‘rule‐enforcement’ is not adequate. Firstly, because it tends to reduce the complex working of a rule to the imposition of pre‐existing legal standards. Secondly, because the structure of the actors and their relationships is far more complex than a dichotomy of the ‘regulato

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1989.tb00023.x

出版商:Blackwell Publishing Ltd    

年代:1989

数据来源: WILEY

摘要:

This paper examines intra‐ and inter‐agency variations in the enforcement styles of three regulatory inspectorates in Great Britain. It is argued that the accommodative approach typically associated with regulatory enforcement is not a homogeneous and uniform concept, rather it embraces a range of strategies. These are described and a variety of organisational, social and political factors are considered as explanations of the variations which ar

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1989.tb00024.x

出版商:Blackwell Publishing Ltd    

年代:1989

数据来源: WILEY

摘要:

In Dutch law unilateral termination of labour contracts usually is only possible with the prior permission of the Director of the District Labour Office. The functions of this administrative procedure have shifted considerably over time: originally an instrument of labour market policy, it is now predominantly oriented to prevention of dismissal without reasonable grounds. Some critics claim that this shift urges for abolishing this administrative procedure and leaving the matter to the judiciary competent in civil law disputes. Constitutionally sound as this position may be, its consequences would severely threaten realisation of the principle of ‘no dismissal but on reasonable grounds’.Results of empirical research into the Labour Office procedure and into the Lower Court procedure of “dissolution for important reasons” are presented to found this evaluative conclusion. Attention is paid to the discretion of dismissal officers and to the informal way of handling cases in the Lower Court. As a preliminary dispute processing institution, the Labour Office procedure is in tune with the comparatively large contribution of informal procedures to Dutch

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1989.tb00025.x

出版商:Blackwell Publishing Ltd    

年代:1989

数据来源: WILEY

摘要:

This article examines the approaches of British education authorities towards school admission decisions. Two models of case‐level decision making in social programs are developed— the individual client orientation which focuses on using discretion to adapt decisions to the needs and choices of particular clients and the collective welfare orientation which emphasizes developing bureaucratic rules and procedures to decide cases efficiently. Education authorities use their discretion about how to decide school admissions to adopt primarily collective welfare approaches. Their emphasis on efficient rules and procedures continue even after parents are given rights of school choice that require an individualized examination of each parent's request. In the conclusion, the persistence of the primarily collective welfare orientations in school admissions is used to examine the pressures towards similar orientations that exist in all social progr

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1989.tb00026.x

出版商:Blackwell Publishing Ltd    

年代:1989

数据来源: WILEY

摘要:

Two functioning regulatory tax programs in The Netherlands indicate certain conditions under which such frequently‐advocated but infrequently‐adopted regulatory strategies can be successfully implemented. A flat fee on oxygen‐demanding substances in industrial effluents, introduced in 1970, has been very successful, stimulating a 90% reduction in pollution and a search for cost‐effective abatement measures. However, a recently‐enacted law aimed at agricultural pollution, using a combination of direct controls and taxes on polluting inputs, has led to resistance and is not likely to be very successful. Based on these programs, regulatory taxes seem more likely to be politically and technically feasible when (a) emissions can be monitored economically; (b) the relation between emissions and environmental harm is relatively uniform and predictable; (c) implementing agencies have the technical competence and strong political and economic incentives to monitor and tax strictly; (d) the regulatory taxes apply uniformly to all sources of pollution; (e) economic efficiency is strongly valued in environmental pol

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1989.tb00027.x

出版商:Blackwell Publishing Ltd    

年代:1989

数据来源: WILEY