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It runs in the family: Meta‐regulation and its siblings

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  • Sharon Gilad

Abstract

Regulators in different countries and domains experiment with regulatory tools that allow organizations to adapt regulation to their individual circumstances, while holding them accountable for their self‐regulation systems. Several labels have been coined for this type of regulation, including systems‐based regulation, enforced self‐regulation, management‐based regulation, principles‐based regulation, and meta‐regulation. In this article, these forms of regulatory governance are classified as belonging to one family of “process‐oriented regulation.” Based on a review of diverse empirical and theoretical research, it is suggested that the family of process‐oriented regulation tends to have a positive, albeit varied, impact on organizations' performance, and the factors that shape this inconsistent effect are analyzed. Building on aspects of Parker's normative construct of “meta‐regulation,” the article explores the extent to which her innovative notion of a learning‐oriented approach to regulation might overcome some of the weaknesses of prevalent process‐oriented approaches. It is proposed that under conditions of regulatory uncertainty or entrenched and prevalent non‐compliance or both, meta‐regulation is likely to have many advantages over other forms of process‐oriented regulation. Yet realizing these advantages requires a rare combination of high regulatory capacity, a stable regulatory agenda, and a supportive political environment.

Suggested Citation

  • Sharon Gilad, 2010. "It runs in the family: Meta‐regulation and its siblings," Regulation & Governance, John Wiley & Sons, vol. 4(4), pages 485-506, December.
    • Handle: RePEc:wly:reggov:v:4:y:2010:i:4:p:485-506
    DOI: 10.1111/j.1748-5991.2010.01090.x
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    References listed on IDEAS

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    1. Aalders, Marius, 2002. "Drivers and drawbacks: regulation and environmental risk management systems," LSE Research Online Documents on Economics 35992, London School of Economics and Political Science, LSE Library.
    2. Lori Snyder Bennear, 2007. "Are management-based regulations effective? Evidence from state pollution prevention programs," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 26(2), pages 327-348.
    3. Parker,Christine, 2002. "The Open Corporation," Cambridge Books, Cambridge University Press, number 9780521818902.
    4. Black, Julia, 2008. "Forms and paradoxes of principles-based regulation," LSE Research Online Documents on Economics 23103, London School of Economics and Political Science, LSE Library.
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    4. Sondre L. Bjelle & Are K. Sydnes, 2019. "Auditing Industrial Safety Management: A Case Study," International Journal of Management, Knowledge and Learning, ToKnowPress, vol. 8(1), pages 43-59.

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