| Article | Regulation and the Rule of Law |
|---|---|
| Authors |
Westerman P.
|
| Name of magazine | Legal journal «Law of Ukraine» (English version) |
| Issue | 4 / 2013 |
| Pages | 39 - 46 |
| Annotation | The article is devoted to regulation as a new form of law which do not spring from the two major traditional sources of law — the legislator andthe judiciary. Author mentions 5 features of regulation and indicates for each one of these features how they affect the legal system to such an extent that regulation cannot be ignored. There are: (a) regulatory rules are usually designed in order to fulfill a specific, predetermined and single purpose; (b) the rules are not only seen as instrumental to achieve a certain purpose, but as a «mere» instrument; (c) the orientation towards furthering the purpose around which a regulatory regime is organized, had led to a practice of continuous assessment; (d) in a regulatory regime there is no real separation between rulemaking, monitoring compliance, and enforcement; (e) those who are regulated act also as regulators themselves. All five features have consequences for the principles of equality and legal certainty and threaten to affect the rule of law in such a way that regulation can no longer be discarded from the analysis of law. |
| Keywords | form of law, regulatory rules, regulatory regime, rulemaking, enforcement, self-regulation, co-regulation. |
| References | |
| Electronic version | Download |