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Information about Regulations

This article is for the legal term. For regulation of genes, see regulation of gene expression. For the regulation of sports, see Regulation of sport. For regulation in electrical systems see Voltage regulator.
Regulation can be considered as legal restrictions promulgated by government authority. One can consider at least two levels in democracies -- legislative acts, and implementing specifications of conduct imposed by administrative agencies through rulemaking supported by a threat of sanction or a fine. This administrative law or implementing regulatory law is in contrast to statutory or case law.

Regulation mandated by a state attempts to produce outcomes which might not otherwise occur, produce or prevent outcomes in different places to what might otherwise occur, or produce or prevent outcomes in different timescales than would otherwise occur. Common examples of regulation include attempts to control market entries, prices, wages, pollution effects, employment for certain people in certain industries, standards of production for certain goods and services. The economics of imposing or removing regulations relating to markets is analysed in regulatory economics.

Regulation and Statute

A regulation is adopted by a public administration regulatory agency, approved by Office of Administrative Law (OAL), and filed with the Secretary of State and signed by the President / Governor.

A statute is passed by the legislature.

Regulation as a legal term

A particular regulation as a legal term is a rule created by an administration or administrative agency or body that interprets the statutes setting out the agency's purpose and powers, or the circumstances of applying the statute.

A regulation is a form of secondary legislation which is used to implement a primary piece of legislation appropriately, or to take account of particular circumstances or factors emerging during the gradual implementation of, or during the period of, a primary piece of legislation.

Other forms of secondary legislation are statutory instruments, statutory orders, by-laws and rules. Some of these (but not all of them) need to be referred back before being implemented, to the primary legislative process.

Types of regulation

Regulations, like any other form of coercive action, have costs for some and benefits for others. Efficient regulations may only be said to exist where the total benefits to some people exceed the total costs to others.

Regulations are justified using a variety of reasons and therefore can be classified in several broad categories:
  • Market failures - regulation due to inefficiency. Intervention due to a classical economics argument to market failure.
  • Risk of monopoly
  • Collective action, or public good
  • Inadequate information
  • Unseen externalities
  • Collective desires - regulation about collective desires or considered judgements on the part of a significant segments of society
  • Diverse experiences - regulation with a view of eliminating or enhancing opportunities for the formation of diverse preferences and beliefs
  • Social subordination - regulation aimed to increase or reduce social subordination of various social groups
  • Endogenous preferences - regulation's purpose is to affect the development of certain preferences on an aggregate level
  • Irreversibility - regulation that deals with the problem of irreversibility – the problem in which a certain type of conduct from current generations results in outcomes from which future generations may not recover from at all.
  • Interest group transfers - regulation that results from efforts by self-interest groups to redistribute wealth in their favor, which may disguise itself as one or more of the justifications above.

International experience

United Kingdom

An example in Britain is that there is primary, central government legislation covering the operations of local government, such as devolution. These functions include education, social services, leisure or provision.

In that primary legislation there are provisions to allow local authorities to legislate for themselves, within reason and under proper process, on a range of matters in their areas of responsibility. This allows the law to be effectively applied with appropriate flexibility and taking account of local factors. These are often best known by the local authority concerned.

Regulations also assist the primary legislative process, the national parliament, to avoid the potential bottleneck of the detailed implementation of all the laws it produces in all the varying circumstances throughout the land or throughout the process of their implementation.

Since 1997, central government has been working to improve regulation by applying new principles of better regulation.

France

In French law, the difference between statute law, adopted by the legislative branch and regulation is of paramount importance when it comes to adoption, amendment or judicial review. The French constitution reserves a number of topics for statute law; in normal times, the executive branch may take decisions on such matters only if it has been specifically authorized by a statute to do so as secondary legislation through decrees, or if it has been specifically and rarely authorized by the legislative branch to do so as primary legislation through ordinances. On all other matters, the executive branch is solely responsible for issuing primary legislation through decrees. Secondary or tertiary legislation may come in the form of arrêtés.

All legislation and regulation issued by the executive, including ordinances not ratified by the legislative branch, is subject to judicial review by the administrative courts, such as the Conseil d'État.

European Union

EU regulation has a general scope, and is obligatory in all its elements and directly applicable in all Member States of the European Union. Any local laws contrary to the regulation are overruled, as EU Law has supremacy over the laws of the Member States. New legislation enacted by Member states must be consistent with the requirements of EU regulations. For these reasons regulations constitute the most powerful or influential of the EU legislative acts.

Other forms of legislative acts of the European Union (EU) are directives, decisions, recommendations and opinions.

See also

External links

Wikibooks

Regulation of gene expression (or gene regulation) refers to the cellular control of the amount and timing of changes to the appearance of the functional product of a gene.
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The regulation of sport is usually done by a regulatory body for each sport, resulting in a core of relatively invariant, agreed rules. People responsible for leisure activities often seek recognition and respectability as sports by joining sports federations such as the
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voltage regulator is an electrical regulator designed to automatically maintain a constant voltage level.

It may use an electromechanical mechanism, or passive or active electronic components. Depending on the design, it may be used to regulate one or more AC or DC voltages.
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LAW may refer to:
  • Lightweight Anti-tank Weapon, like the M72 LAW (US Army) and the LAW 80 (British Army)
  • Palestinian Society for the Protection of Human Rights (also known as LAW)
  • League of American Bicyclists, formerly known as the League of American Wheelmen

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government is a body that has the power to make and the authority to enforce rules and laws within a civil, corporate, religious, academic, or other organization or group.[1]
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In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing laws, then agencies create more detailed regulations through rulemaking.
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Sanctions are usually monetary fines, levied against a party to a legal action or his attorney, for violating rules of procedure, or for abusing the judicial process. The most severe sanction is the involuntary dismissal, with prejudice, of the complaining party's cause of action,
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FINE was created in 1998 and is an informal association of the four main Fair Trade networks:
  • F Fairtrade Labelling Organizations International (FLO)
  • I International Fair Trade Association (IFAT)
  • N Network of European Worldshops (NEWS!) and

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Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda.
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A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. Typically, statutes command, prohibit, or declare policy.
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Case law (also known as decisional law) is that body of reported judicial opinions in countries that have common law legal systems that are published and thereby become precedent, i.e. the basis for future decisions).
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A state is a political association with effective dominion over a geographic area. It usually includes the set of institutions that claim the authority to make the rules that govern the people of the society in that territory, though its status as a state often depends in part on
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price is the assigned numerical monetary value of a good, service or asset.

The concept of price is central to microeconomics where it is one of the most important variables in resource allocation theory (also called price theory).
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WAGE can refer to:
  • Wide Area GPS Enhancement
  • WAGE (AM), an AM radio station located in Leesburg, Virginia
A wage is a compensation which workers receive in exchange for their labor.
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Pollution is the introduction of pollutants (whether chemical substances, or energy such as noise, heat, or light) into the environment to such a point that its effects become harmful to human health, other living organisms, or the environment.
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Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as: "A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has
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Industry (from Latin industrius, "diligent, industrious"), is the segment of economy concerned with production of goods. Industry began in its present form during the 1800s, aided by technological advances, and it has continued to develop to this day.
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A good or commodity in economics is any object or service that increases utility, directly or indirectly, not to be confused with good in a moral or ethical sense (see Utilitarianism and consequentialist ethical theory).
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Economic systems

Ideologies and Theories
Primitive communism
Capitalist economy
Corporate economy
Fascist economy
Laissez-faire
Mercantilism
Natural economy
Social market economy
Socialist economy
Communist economy


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Economics is the social science that studies the production, distribution, and consumption of goods and services. The term economics comes from the Greek for oikos (house) and nomos (custom or law), hence "rules of the house(hold).
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market is a social arrangement that allows buyers and sellers to discover information and carry out a voluntary exchange of goods or services. It is one of the two key institutions that organize trade, along with the right to own property.
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Regulatory economics is the economics of regulation, in the sense of the application of law by government that is used for various purposes, such as centrally-planning an economy, remedying market failure, enriching well-connected firms, or benefiting politicians (see
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Public Administration can be broadly described as the development, implementation and study of government policy. Public Administration is linked to pursuing the public good by enhancing civil society and social justice.
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A Regulatory Authority or Regulator is a government agency that regulates an area of human activity by codifying and enforcing rules and regulations, supervision or oversight, for the benefit of the public at large.
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OAL is a three-letter abbreviation that may refer to:
  • Office of Administrative Law http://www.oal.ca.gov
  • The ICAO code for Olympic Airlines
  • Overall length

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Secretary of State is a commonly used title for a government official. The role varies between countries, and in some cases there are multiple Secretaries of State in the government.

In many countries, a secretary of state is a mid-level official.
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A legislature is a type of representative deliberative assembly with the power to adopt laws.

Legislatures are known by many names, the most common being parliament and congress, although these terms also have more specific meanings.
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Administration, as used in the context of government, differs according to jurisdiction.

United States

Main article: Executive (government)

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A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. Typically, statutes command, prohibit, or declare policy.
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Coercion is the practice of compelling a person to behave in an involuntary way (whether through action or inaction) by use of threats, intimidation or some other form of pressure or force.
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