chapter  6
Bad, Better and Legitimate Regulation
ByEric L. Windholz
Pages 27

This chapter explores the core elements of the 'better regulation' reforms. These reforms largely focus on the legal and normative dimensions of the regulatory endeavour and, on their own, may be insufficient to effect behaviour change in situations where people are being asked to do things they would not otherwise choose to do. The chapter examines the causes of regulatory failure. Legitimate regulation requires a combination of tools, principles and approaches tailored to the problem and actors involved. A review of better regulation policies and procedures reveals three rationales underpinning the reforms. First, better regulation reforms are about producing regulation that functions more effectively and efficiently in the public interest than regulation that preceded it. Second, better regulation reforms are about reducing the compliance burden on private interests. This rationale continues to reflect the logic of the deregulation era of the 1980s, from which the better regulation reforms evolved. Third, better regulation reforms are about improving overall regulatory quality.