A Regulatory Model to Choose the Appropriate Regulatory Tools Cover Image

A Regulatory Model to Choose the Appropriate Regulatory Tools
A Regulatory Model to Choose the Appropriate Regulatory Tools

Author(s): Mirko Pečarič
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: regulatory quality; regulatory tools; regulatory model; regulatory cycle; countries’ differences

Summary/Abstract: This paper deals with regulatory quality that always depends also on human factors. While the latter are moulded in time and in their mutual enhancements, also the regulatory tools have the same characteristics. Because they change their meanings in time and place – while these changes are enhanced by other changes and contexts – this paper gives criteria for some regulatory tools that could have the same meanings in different jurisdictions. Due to the political, social, economic and cultural differences there cannot be present the same regulatory tools for the same problems or targets in different countries, but nevertheless there can be used the same approach or a model by which we could establish the most appropriate tool (that could be different in other jurisdictions) for solving similar situations. A proposed model favours a participatory “individual-collective” approach that can eliminate more bias than deliberative democracy or even by experts individually, because it is built on one of the basic cybernetic laws, i.e. of redundancy of command.

  • Issue Year: 63/2017
  • Issue No: 1
  • Page Range: 67-90
  • Page Count: 24
  • Language: English