Organising fair and competitive elections is no easy feat. The probity and logistics involved requires clear rules and careful planning. Many jurisdictions around the world are examining their election laws as a way to strengthen democracy and cultural support for democratic systems, the latter being particularly important to sustain societal support generally. But how clear are the rules for elections really? How fair and competitive are they? Is the electoral management body as independent as it could be? This howtoregulate article examines the laws regulating elections, highlighting good examples of electoral laws and regulatory techniques. Continue reading Fair and competitive: how to regulate elections?
Category Archives: Sector Specific
How can regulation solve firearms problems?
Originally born as an instrument for the modernisation of armies, firearms have proliferated to become a contemporary global problem. Over 250,000 people were killed by firearms worldwide in 2019 and higher still, are those affected by firearms-related health problems, both physical and psychological. Strict regulation is required to combat indiscriminate sales to opposition groups, terrorists or criminals who undermine the rule of law, destabilise societies and perpetuate conflicts. With the aim of creating safer societies, lawmakers have established guidelines to regulate firearms. This howtoregulate article aims to cover the life cycle of firearms: manufacture, marking, possession, storage, destruction and deactivation. Continue reading How can regulation solve firearms problems?
The legislature’s ex post control of public finances (Part 2)
In this Part 2 on regulating the legislature’s ex post control of public finances we provide reference regulation for oversight of the government’s finances and expenditure. Part 1 covered substantive questions to consider for the ex post control of public financial management (PFM) and the international, multilateral and regional regulatory standards for legislative scrutiny. Continue reading The legislature’s ex post control of public finances (Part 2)
The legislature’s ex post control of public finances (Part 1)
Democratic governance requires government finances to be administered and supervised well so that public goods and services contribute to the prosperity of the state and its citizens. The legislature plays an important role in the public financial management system as an institution of oversight. Parliamentary oversight of government finances can be separated into two broad phases: consideration and approval of the government’s plans for the raising and spending of revenue ex ante, through the proposed budget; and the monitoring of expenditure ex post, to ensure that it has conformed to the terms which parliament approved. This howtoregulate article will focus on the monitoring of expenditure ex post and the regulatory controls necessary to maximise the effectiveness of parliament’s role. Continue reading The legislature’s ex post control of public finances (Part 1)
Part 2: Drawing a clear health line under addictive products (alcohol, cannabis and tobacco) regulations
This Part 2 of addictive products (alcohol, cannabis and tobacco) regulation will focus on national reference regulation covering regulatory measures for demand reduction, supply reduction and harm reduction in both alcohol and tobacco regulatory frameworks. National reference regulation for cannabis regulation will be addressed separately at the end to highlight the range of regulatory controls of the, usually new, regulatory framework. This is in contrast to most alcohol and tobacco control regulation which amends legacy legislation. Continue reading Part 2: Drawing a clear health line under addictive products (alcohol, cannabis and tobacco) regulations
Part 1: Drawing a clear health line under addictive products (alcohol, cannabis and tobacco) regulations
According to the Lancet’s latest Global Burden of Disease Study, around 11 million global deaths are attributed to tobacco and alcohol consumption, over 11.5 million if you include illicit drug (opioids, cocaine, amphetamines and cannabis) use.1 This is more than the number of deaths from all cancers in the world.2 Lancet’s study shows that tobacco use is declining, albeit from a very high rate, highlighting the success of stricter tobacco control regulations worldwide. Consumption of alcohol and illicit drugs are, however, on the rise. This Part 1 howtoregulate article analyses techniques for regulating alcohol, cannabis and tobacco so that the regulatory control measures can effectively control the public health and welfare costs of the harms caused by these addictive products. Part 2 will look at reference regulations showing how such regulatory techniques operate in the jurisdictions that have implemented them. Continue reading Part 1: Drawing a clear health line under addictive products (alcohol, cannabis and tobacco) regulations
Part 2: Beyond the prevention of animal cruelty and abuse: regulating animal welfare
We published Part 1 of this two part howtoregulate article on moving beyond traditional prevention of animal cruelty legislation to regulating animal welfare and now we present Part 2. Part 1 provided an overview of animal welfare regulatory frameworks at the international, supra-national, national and state levels. Part 2 focuses on regulatory techniques for strengthening particular aspects of animal welfare regulation (A) and highlights some missed regulatory opportunities (B). Continue reading Part 2: Beyond the prevention of animal cruelty and abuse: regulating animal welfare
Part 1: Beyond the prevention of animal cruelty and abuse: regulating animal welfare
Modern history has come to expand the net of rights holders: slaves, women, indigenous people and children. Before their rights were ‘recognised’, various regulations concerned their protection as property. The rights of animals are also gaining recognition and jurisdictions are starting to move away from animals as property to animals as sentient beings whose welfare is important in a humane society. This two part howtoregulate article focuses on moving beyond traditional prevention of animal cruelty legislation to regulating animal welfare, recognising either animal rights, animal sentience or the requirement for humane treatment. This Part 1 provides an overview of animal welfare regulatory frameworks at the international, supra-national, national and state levels. Continue reading Part 1: Beyond the prevention of animal cruelty and abuse: regulating animal welfare
Whistleblower regulations update: strengthening protections
We wrote about the dynamic field of whistleblower regulation some time ago and since then several important regulatory updates have occurred that are worth raising. In this update we also dive into how whistleblower protections can be strengthened through robustly empowered supervisory bodies, practical anti-retaliation measures and tackling whistleblowing in traditionally confidential sectors. Continue reading Whistleblower regulations update: strengthening protections
Digital government: regulating the automation of public administration
Governments are increasingly looking towards automated decision-making systems (ADS), including algorithms to improve the delivery of public administration. This raises issues in administrative law around legality, transparency, accountability, procedural fairness and natural justice. The provision of public services and government decision-making are regulated by legislation that protect administrative (public) law principles and permit affected persons to seek judicial review of that decision. However, the government use and deployment of ADS has, in many jurisdictions, preceded any prudent analysis of how the ADS fits within the broader administrative legal framework. This howtoregulate article outlines a regulatory framework for the automation of public administration. Continue reading Digital government: regulating the automation of public administration