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 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
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
Cultured Meat: How to Regulate Alternatives to Farmed Meat
Fourteen per cent of the world’s greenhouse emissions is estimated to come from raising livestock, and ethical concerns are rife at different stages of livestock production (eg. live animal exports, slaughter practices, the use of hormones). Health implications are also involved in the consumption of animals, from the novel coronavirus through to non-infectious diseases caused by over-consumption of saturated animal fat. Breakthrough research in alternatives to farmed meat has seen several start-up tech companies promising to bring alternatives to market as early as 2022. Alternatives to farmed meat may be an important lever to encourage people to eat less meat but there is an equal if not more pressing need for regulators outline a clear framework for such alternatives. This howtoregulate article examines the existing regulatory environment for alternatives to farmed meat and suggest regulatory techniques that aim to encourage safer and faster take-up in the market. Continue reading Cultured Meat: How to Regulate Alternatives to Farmed Meat
An Update on How to Promote Energy Efficiency by Regulation
With many workplaces closed or closing, people working from home and the need for business transformation, there are calls for a “green recovery” in line with international climate change agreements to respond to global health, economic and trade shocks. One aspect of this sustainable transition is energy efficiency. This howtoregulate article analyses the best practice regulations jurisdictions use to encourage and incentivise energy efficiency. It builds on, and updates, a previous article written in January 2017, “Promoting energy efficiency by regulation” and so it is recommended both be read. Continue reading An Update on How to Promote Energy Efficiency by Regulation
Regulating for a sustainable natural resources sector to infinity and beyond
It cannot be be overlooked when regulating the sustainable natural resources (oil, gas and minerals) sector that such resources are finite. The benefits of the extracted sustainable natural resources, usually measured narrowly in financial terms, has diminishing returns once the resource arrives at its final destination. Meanwhile, the loss caused by the extraction can continue to be felt long after the financial benefit has run its course, particularly when externalities are not appropriately accounted for in regulation. This howtoregulate article looks at good examples of regulations with the objective of a sustainable natural resources sector. Continue reading Regulating for a sustainable natural resources sector to infinity and beyond
Beyond a destination and towards a culture: Corporate transparency regulations
The private sector plays a critical role in achieving economic and social goals through providing goods and services, employment and tax revenue. Corporate vehicles such as companies, trusts, foundations, partnerships, and other types of legal persons and arrangements, make up a large share of the private sector. Although corporate transparency is a standard business practice of most companies, other corporate vehicles have less transparency as revealed by the International Consortium of Journalists in the Panama Papers. Corporate transparency regulations need always to balance measures aimed at catching bad actors with measures that encourage voluntary transparency, to avoid overly burdensome rules. This howtoregulate article focuses on good examples of corporate transparency regulations and highlighting opportunities for improvement. Continue reading Beyond a destination and towards a culture: Corporate transparency regulations