Book contents
- An Introduction to Law and Regulation
- Law in Context
- An Introduction to Law and Regulation
- Copyright page
- Dedication
- Contents
- Foreword
- Preface
- Acknowledgements
- Introduction
- Part I Foundations
- Part II Design, Dynamics and Implementation
- 4 Theories of Regulation
- 5 Regulatory Policy
- 6 Regulatory Modalities, Instruments and Techniques
- 7 Hybrid Instruments and Experimental Regulations
- 8 Regulatory Rules
- 9 Regulatory Compliance, Public Enforcement and Private Certification
- 10 Private Enforcement and Redress
- Part III Evaluation
- Conclusion
- References
- Index
10 - Private Enforcement and Redress
from Part II - Design, Dynamics and Implementation
Published online by Cambridge University Press: 22 November 2024
- An Introduction to Law and Regulation
- Law in Context
- An Introduction to Law and Regulation
- Copyright page
- Dedication
- Contents
- Foreword
- Preface
- Acknowledgements
- Introduction
- Part I Foundations
- Part II Design, Dynamics and Implementation
- 4 Theories of Regulation
- 5 Regulatory Policy
- 6 Regulatory Modalities, Instruments and Techniques
- 7 Hybrid Instruments and Experimental Regulations
- 8 Regulatory Rules
- 9 Regulatory Compliance, Public Enforcement and Private Certification
- 10 Private Enforcement and Redress
- Part III Evaluation
- Conclusion
- References
- Index
Summary
Chapter 10 provides an overview of the role and functions of private enforcement within regulatory regimes and the availability of redress. It draws attention to different ‘models of legal responsibility’ upon which regulatory regimes rely in allocating and distributing legal rights and duties between those who are subject to regulation and those whom regulation is intended to protect (‘regulatory beneficiaries’). This chapter is the most legally focused chapter in the volume, selectively highlighting several features of the institutional and enforcement context in which regulation occurs. Examples are private litigation, collective redress mechanisms, the role of courts as authoritative and final interpreters of the law and ‘alternative’ avenues for redress.
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- Information
- An Introduction to Law and RegulationText and Materials, pp. 301 - 320Publisher: Cambridge University PressPrint publication year: 2024