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9 - Regulatory Compliance, Public Enforcement and Private Certification

from Part II - Design, Dynamics and Implementation

Published online by Cambridge University Press:  22 November 2024

Karen Yeung
Affiliation:
University of Birmingham
Sofia Ranchordás
Affiliation:
Tilburg University, The Netherlands
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Summary

Chapter 9 explores regulatory compliance, enforcement and certification. It analyses the vital role of enforcement action and how rules aimed at influencing human and institutional behaviour are translated into social reality. It draws attention to the human interaction that takes place during encounters with regulatory enforcement officials and regulators. We discuss how ‘risk-based’ approaches to regulation can be understood and operationalised. It then touches upon the investigatory powers of public regulators, and the nature, purpose and variety of regulatory sanctions. Finally, it examines the role of ‘private’ bodies and other ‘regulatory intermediaries’ in certifying that a regulatee’s activities complies regulatory standards which purport to offer consumers, as primary beneficiaries, ‘assurance’ of the quality of the resulting outputs.

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Chapter
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An Introduction to Law and Regulation
Text and Materials
, pp. 275 - 300
Publisher: Cambridge University Press
Print publication year: 2024

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