ABSTRACT

References to complexity in public discourse often present it as a pervasive and negative characteristic of regulatory and governance systems. This chapter is concerned with manifestations of complexity in law and governance. It views complexity as a largely empirical phenomenon and considers its features and how far measurement is possible. The chapter assesses the role of simplification as a policy response. In looking at the functioning of law-based systems, it focuses, in particular, on the key public law areas of social security and taxation, which have an impact on a majority of citizens, are acknowledged to be particularly complex areas of governance and are ones in respect of which simplification remains a policy goal. Another complex area that is highlighted is 'Brexit' – the process of UK withdrawal from the EU – and its surrounding legal context. The chapter also considers the relationship between complexity and rights.