ABSTRACT

This chapter shows what the future might hold for regulatory governance. It considers likely changes in the external world and aims to understand the impact these changes may have on how governments govern and regulate. Regulatory governance thus will become both more important and more challenging. The opportunity presented by new technologies comes in the form of prospective new regulatory tools with which to modify behaviours. Regulatory decision-making also is increasingly being tested in the courts, a reflection of the increasing litigiousness of society generally and of people's frustration with systems they consider bureaucratic and unresponsive in particular. The failure of governments to evolve existing regulatory arrangements in a timely manner to provide both incumbents and disrupters with certainty undermines not only the legitimacy of existing regulatory regimes, but also of government and governance under the rule of law more broadly.