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How to conceptualise energy law and policy for an interdisciplinary audience: The case of post-Brexit UK

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  • Cairney, Paul
  • McHarg, Aileen
  • McEwen, Nicola
  • Turner, Karen

Abstract

Interdisciplinary energy research is essential. It advances our understanding of potential transitions from high to low carbon energy systems. However, it is easier to propose than deliver. It requires translation into a simpler language, to aid communication, but not at the expense of the conceptual language that drives our understanding of complex energy systems. We combine legal, political science, and policy studies to show how to balance the need to communicate accessibly and recognise legal and policymaking complexity. We begin with a statement so accepted in legal studies that it has become a truism: the law in the books is not the same as the law in action. The allocation of legal competences is only one influence on policymaking in a complex system. We describe three key ways to conceptualise this relationship between law, policy, and energy systems, focusing on the: (1) ‘on paper’ legal separation of powers between different governments, (2) interaction between law and policy in practice, including blurry boundaries between formal responsibility and informal influence, and (3) role of law as one of many contributors to policymaking. We use these approaches to explain the implications of Brexit for UK energy policy.

Suggested Citation

  • Cairney, Paul & McHarg, Aileen & McEwen, Nicola & Turner, Karen, 2019. "How to conceptualise energy law and policy for an interdisciplinary audience: The case of post-Brexit UK," Energy Policy, Elsevier, vol. 129(C), pages 459-466.
  • Handle: RePEc:eee:enepol:v:129:y:2019:i:c:p:459-466
    DOI: 10.1016/j.enpol.2019.02.022
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    References listed on IDEAS

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    1. Paul Cairney, 2012. "Complexity Theory in Political Science and Public Policy," Political Studies Review, Political Studies Association, vol. 10(3), pages 346-358, September.
    2. Michael G. Pollitt, 2017. "The economic consequences of Brexit: energy," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 33(suppl_1), pages 134-143.
    3. Graham Room, 2011. "Complexity, Institutions and Public Policy," Books, Edward Elgar Publishing, number 14394.
    4. Cairney,Paul & Heikkila,Tanya & Wood,Matthew, 2019. "Making Policy in a Complex World," Cambridge Books, Cambridge University Press, number 9781108729109.
    5. Pierson, Paul, 2000. "Increasing Returns, Path Dependence, and the Study of Politics," American Political Science Review, Cambridge University Press, vol. 94(2), pages 251-267, June.
    6. Erik-Hans Klijn, 2008. "Complexity Theory and Public Administration: What's New?," Public Management Review, Taylor & Francis Journals, vol. 10(3), pages 299-317, May.
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    Cited by:

    1. Halkos, George, 2020. "Examining the level of competition in the energy sector," MPRA Paper 98343, University Library of Munich, Germany.
    2. Piotr F. Borowski, 2021. "Significance and Directions of Energy Development in African Countries," Energies, MDPI, vol. 14(15), pages 1-19, July.
    3. Michael G Pollitt, 2022. "The further economic consequences of Brexit: energy," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 38(1), pages 165-178.
    4. Hannes R. Stephan, 2020. "Shaping the Scope of Conflict in Scotland’s Fracking Debate: Conflict Management and the Narrative Policy Framework," Review of Policy Research, Policy Studies Organization, vol. 37(1), pages 64-91, January.
    5. Robertson Munro, Fiona & Cairney, Paul, 2020. "A systematic review of energy systems: The role of policymaking in sustainable transitions," Renewable and Sustainable Energy Reviews, Elsevier, vol. 119(C).

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