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Encyclopedia > Regulation
   
Law Portal

A regulation is a legal restriction promulgated by government administrative agencies through rulemaking supported by a threat of sanction or a fine. This administrative law or regulatory law is in contrast to statutory or case law. Image File history File links Portal. ... Law (from the Old Norse lagu) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide punishments of/for those who do... In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. ... 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. ... A fine is money paid as a financial punishment for the commission of minor crimes or as the settlement of a claim. ... Administrative law is the body of law that arises from the activities of administrative agencies of government. ... 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. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz...


Regulation mandated by the government or 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. Regulations rarely produce complete outcomes or prevent outcomes completely but they generally do modify what would otherwise take place. 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. A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, which successfully claims the monopoly of the use of force. ... In economics and business, the price is the assigned numerical monetary value of a good, service or asset. ... A wage is the amount of money paid for some specified quantity of labour. ... Water pollution Environmental pollution is the release of environmental contaminants, generally resulting from human activity. ... Employment is a contract between two parties, one being the employer and the other being the employee. ... A good in economics is any physical object (natural or man-made) or service that, upon consumption, increases utility, and therefore can be sold at a price in a market. ... The service sector or the service industry, is one of the three main industrial categories of a developed economy, the others being the secondary industry (manufacturing and primary goods production such as agriculture), and primary industry (extraction such as mining and fishing). ...


The economics of imposing or removing regulations relating to markets is analysed in regulatory economics. Economics (from the Greek οίκος [oikos], family, household, estate, and νομος [nomos], custom, law, hence household management and management of the state) is a social science that studies the production, distribution, trade and consumption of goods and services. ... Chichicastenango, Guatemala traditional market Market stall in internally displaced persons camp in Kitgum, northern Uganda Mercado dos Lavradores, Funchal (Madeira Islands) A market is a mechanism which allows people to trade, normally governed by the theory of supply and demand. ... 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. ...

Contents


Regulation as a legal term

A 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. Look up Administration in Wiktionary, the free dictionary The word administration is from the Middle English administracioun, deriving from the French administration, which is itself derived from the Latin administratio: a compounding of ad (to) and ministratio (to give service). In modern usage, the word has particular meanings in particular... 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. ...


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.


Type of regulation

Regulation can occur for various reasons and therefore can be classifed in several broad categories:


Generally speaking regulations have costs for some and benefits for others. Efficient regulations may only be said to exist where on average their total benefits exceed their total costs.

  • Market failures - regulation due to inefficiency. Intervention due to a classical economics argument to market failure.
  • 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 providing opportunities for the formation of diverse preferences and beliefs
  • Social subordination - regulation aimed to 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 that results from efforts by self-interest groups to redistribute wealth in their favor

Market failure is a situation in which markets do not efficiently organize production or allocate goods and services to consumers (for example, a failure to allocate goods in a way some see as socially or morally preferable). ... Classical economics is a school of economic thought whose major developers include William Petty, Adam Smith, David Ricardo, Thomas Malthus, and John Stuart Mill, and Johann Heinrich von Thünen. ... In economics, a monopoly (from the Greek monos, one + polein, to sell) is defined as a persistent market situation where there is only one provider of a kind of product or service. ... In economics, a public good is a good that is hard or even impossible to produce for private profit, because the market fails to account for its large beneficial externalities. ... Information as a concept bears a diversity of meanings, from everyday usage to technical settings. ... An externality occurs in economics when a decision (for example, to pollute the atmosphere) causes costs or benefits to stakeholders other than the person making the decision. ... ... In an economic model, an endogenous change is one that comes from inside the model and is explained by the model itself. ... Irreversibility is that property of an event which makes reverting back to the state before the occurrence of the event impossible. ... An interest group (also called an advocacy group, lobbying group, or special interest) is a group, however loosely or tightly organized, doing advocacy: those determined to encourage or prevent changes in public policy without trying to be elected. ... Self-interest can refer to these articles: Egoism Selfishness Ethical egoism Psychological egoism Individualism Objectivist ethics Hedonism Happiness Epicureanism Utilitarianism This is a disambiguation page — a navigational aid which lists pages that might otherwise share the same title. ...

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. Central government or the national government (or, in federal states, the federal government) is the government at the level of the nation state. ... It has been suggested that Statutory law be merged into this article or section. ... Local governments are administrative offices of an area smaller than a state. ... It has been suggested that Devolved government be merged into this article or section. ... A social worker is a person employed in the administration of charity, social service, welfare, and poverty agencies, advocacy, or religious outreach programs. ... Leisure is time spent in non-compulsory activities. ...


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 implementatin of all the laws it produces in all the varying cirumstances throughout the land or throughout the process of their implementation. The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ...


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. 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. ... The current Constitution of France was adopted on October 4, 1958, and has been amended 17 times, most recently on March 28, 2003. ... Under the doctrine of the separation of powers, the executive is the branch of a government charged with implementing, or executing, the law. ... 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. ... Delegated legislation (sometimes referred to as secondary legislation or subordinate legislation) is law made by ministers under powers given to them by parliamentary acts (primary legislation) in order to implement and administer the requirements of the acts. ... Decree is an order that has the force of law. ... Primary legislation is legislation made by the legislative branch of government. ... Ordinance can mean: A law made by a non-sovereign body such as a city council or a colony. ... Primary legislation is legislation made by the legislative branch of government. ... Decree is an order that has the force of law. ...


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. Greece, as a civil law country has administrative courts. ... In France, the Conseil dÉtat (English: Council of State and sometimes Counsel of State) is an organ of the French national government. ...


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. The legislative acts of the European Union (EU) can have different forms: regulations, directives, decisions, recommendations and opinions. ... It has been suggested that this article or section be merged into European Union. ... The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ...


Other forms of legislative acts of the European Union (EU) are directives, decisions, recommendations and opinions. A European Union Directive is the (mutally binding) collective decision made by the member states, acting through their national Government Ministers in the Council of the European Union and the Parliament. ... A European Union decision (defined in Article 249/EC) is one of the three binding instruments provide by secondary EU legislation. ... In European Union Law a recommendation Differs from regulations, directives and decisions, in that they are not binding for Member States. ...


See also

In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. ... Public affairs is a catch-all term that includes public policy as well as public administration, both of which are closely related to and draw upon the fields of political science as well as economics. ... Delegated legislation (sometimes referred to as secondary legislation or subordinate legislation) is law made by ministers under powers given to them by parliamentary acts (primary legislation) in order to implement and administer the requirements of the acts. ... Public choice theory is a branch of economics that studies the decision-making behavior of voters, politicians and government officials from the perspective of economic theory. ...

External links

  • Article in 'Globalization and Health' on the regulation of food marketing to children
  • A glimpse into some United Kingdom deregulatory procedures
  • Regulation updates service on the UK government Business Link website
  • The Mercatus Center at George Mason University has a Regulatory Studies Program

  Results from FactBites:
 
PIANO PAGE - Piano Technicians Guild - Everything about Pianos, Tuning, Service, Repair, History, Find a Technician (1134 words)
Your piano also requires a periodic servicing called regulation, which attends to the mechanical parts which cause strings to sound when keys are played and affect the sound through use of the pedals.
Regulation is the adjustment of the mechanical aspects of the pianos to compensate for the effects of wear, the compacting and settling of cloth, felt, and buckskin, as well as dimensional changes in wood and wool parts due to changes in humidity.
Frequency of regulation is dependent upon amount of use, exposure to climatic changes, and the instrument's quality, age and condition.
FDIC: FDIC Law, Regulations, Related Acts - Consumer Protection (4091 words)
The regulation also gives consumers the right to cancel certain credit transactions that involve a lien on a consumer's principal dwelling, regulates certain credit card practices, and provides a means for fair and timely resolution of credit billing disputes.
The regulation requires a maximum interest rate to be stated in variable-rate contracts secured by the consumer's dwelling.
It sets forth: (i) the authority, purpose, coverage, and organization of the regulation; (ii) the definitions of basic terms; (iii) the transactions that are exempt from coverage; and (iv) the method of determining the finance charge.
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