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Responsive regulation:achieving the right balance between persuasion and penalisation

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  • Ojo, Marianne

Abstract

This paper not only considers the regulatory challenges faced by regulators, but also the potential of responsive regulation and particularly meta regulation to address these challenges. It explores developments which have necessitated a change from the traditional form of regulation, that is, command and control regulation to more responsive hybrids of regulation. Even though traditional regulation has its advantages, its inability to address the demands of changing business environments has resulted in the adoption of more flexible forms of regulation such as risk based regulation and responsive regulation. Whilst the potential of responsive regulation is considered, the complexities and challenges faced by the regulator in identifying and assessing risk, solutions aimed at countering problems of risk regulation, along with the problems arising from different perceptions of risk will be addressed only briefly.

Suggested Citation

  • Ojo, Marianne, 2009. "Responsive regulation:achieving the right balance between persuasion and penalisation," MPRA Paper 15543, University Library of Munich, Germany, revised Jun 2009.
  • Handle: RePEc:pra:mprapa:15543
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    File URL: https://mpra.ub.uni-muenchen.de/15543/1/MPRA_paper_15543.pdf
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    References listed on IDEAS

    as
    1. Baldwin, Robert & Cave, Martin & Lodge, Martin, 2011. "Understanding Regulation: Theory, Strategy, and Practice," OUP Catalogue, Oxford University Press, edition 2, number 9780199576098.
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    Keywords

    meta; responsive; risk; regulation; bank;

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law

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