The traditional view of regulation as essentially a governmental function has become outmoded. Regulatory enforcement, and state activity generally, are diminishing. In their place, a devolution of control is occurring which entails the harnessing of private institutions and energies in furtherance of regulatory policy. This paper describes some of these new regulatory forms, and suggests that new private or hybrid regulatory orderings may emerge which are more stringent, yet more subtle, and ultimately more palatable to the target of regulation than conventional state control.
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References
1.
AyersIBraithwaiteJ (1992), Responsive Regulation: Transcending the Deregulation Debate, Oxford University Press, New York.
CallahanEDworkinT (1992), ‘Do Good and Get Rich: Financial Incentives for Whistleblowing and the False Claims Act’, Villanova Law Review, vol 37, pp 273–336.
4.
CaminkerE (1989), ‘The Constitutionality of Qui Tarn Actions’, Yale Law Journal, vol 99, pp 341–88.
5.
CheitR (1990), Setting Safety Standards: Regulation in the Private and Public Sectors, University of California Press, Berkeley.
6.
Deloitte Touche Tohmatsu (1993), Coming Clean: Corporate Environmental Reporting-Opening up for Sustainable Development, Deloitte Touche Tohmatsu International, London.
7.
GilboyJ (1992), Government Use of Private Reseouces in Law Enforcement ABF Working Paper No 9203, American Bar Foundation, Chicago.
8.
GraboskyP (1990), ‘Professional Advisers and White Collar Illegality: Towards Explaining and Excusing Professional Failure’, University of New South Wales Law Journal, vol 13, no 1, pp 73–96.
9.
-- (1992), ‘Law Enforcement and the Citizen: Non-Governmental Participants in Crime Prevention and Control’, Policing and Society, vol 2, pp 249–71.
10.
GraboskyPBraithwaiteJ (1986), Of Manners Gentle: Enforcement Strategies of Australian Business Regulatory Agencies, Oxford University Press, Melbourne.
11.
GrodskyJ (1993), ‘Certified Green: The Law and Future of Environmental Labeling’ Yale Journal on Regulation, vol 10, no 1, pp 147–227.
12.
HallidayTCaruthersB (1990), ‘The State, Professions, and Legal Change: Reform of the English Insolvency Act, 1977–86’ Paper presented at the XIIth World Congress of Sociology, Madrid, Spain.
13.
HartnellT (1993), ‘Regulatory Enforcement by the Australian Securities Commission: An Inter-Relationship of Strategies’ pp 25–42inGraboskyPBraithwaiteJ(eds), Business Regulation and Australia's Future, Australian Institute of Criminology, Canberra.
14.
HerberBernard P (1960), The Use of Informers' Rewards in Federal Tax Administration, unpublished PhD Dissertation, University of Washington.
15.
KraakmanR (1986), ‘Gatekeepers: The Anatomy of a Third-Party Enforcement Strategy’ Journal of Law, Economics and Organization, pp 53–104.
16.
MannD (1991) ‘Polluter-Financed Environmentally Beneficial Expenditures: Effective Use or Improper Abuse of Citizen Suits Under the Clean Water Act?’ Environmental Law, 21: 1, pp 175–207.
17.
MarxG (1987), ‘The Interweaving of Public and Private Police in Undercover Work’ pp 172–93inShearingCStenningP(eds)Private Policing, Sage Publications, Beverly Hills.
18.
Organisation for Economic Co-Operation and Development (1992), The OECD Environment Industry: Situation, Prospects and Government Policies, OECD, Paris.
19.
RadzinowiczL (1956), A History of English Criminal Law and its Administration From 1750, vol II, Stevens, London.
20.
ShearingC (1993), ‘A Constitutive Conception of Regulation’ pp 67–80inGraboskyPBraithwaiteJ(eds)Business Regulation and Australia's Future, Australian Institute of Criminology, Canberra.
21.
TomasicR (1991), ‘Taxation Law Compliance and the Role of Professional Tax Advisers’ Australian and New Zealand Journal of Criminology, vol 24, no 3, pp 241–57.
