Law Research Collection

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Recent Submissions

Now showing 1 - 5 of 292
  • Publication
    Managing and Regulating Commitments to Equality, Diversity and Inclusion in Higher Education
    (Taylor & Francis, 2020-04-29)
    The management of commitments by higher education institutions to equality, diversity and inclusion both for employees and students presents significant challenges. The implementation of measures to comply with legislative equality requirements, the indicators of commitment to formal equality, do not deliver anything like equality of outcome. This creates the challenge as to how universities may articulate and act on commitments which go beyond formal equality and which may be expected to build a culture of equality, diversity and inclusion. This article addresses the incorporation of equality values and objectives in institutional strategy and the governance arrangements to define, develop and implement measures to address the objectives. Analysing contrasting and coordinated modes of governing I note that a reflexive approach tends to shift regulatory emphasis from control to learning as the basis for effective action. I conclude that it is appropriate and possible that higher education institutions should, to a significant extent, be able to think of themselves as governing EDI matters as much through reflexive learning as through the aspiration to control.
      183Scopus© Citations 5
  • Publication
    Managing Higher Education for a Changing Regulatory Environment
    (Emerald, 2021-05-17)
    This article addresses the relationship of universities to their changing regulatory environments internationally. This article updates analysis published in 2004 exploring the contrasting modes of, and key trends in, regulation of higher education across eight OECD states. The article offers a wider analysis the changing patterns of regulation rooted in mutuality, oversight, competition and design and the implications for the management of higher education institutions. Since 2004, higher education has seen more growth in oversight-based and competition-based regulation, but also some decentralization of regulation as an increasing cast of actors, many international and transnational in character, have asserted themselves in key aspects of the regulatory environment. This article explores the implications of these changes in the regulatory mix over higher education for the ways that universities manage their regulatory environment, arguing first, that there is significant evidence of meta-regulatory approaches to regulating universities, and second that such a meta-regulatory approach is consistent with an emphasis on university autonomy, raising a challenge for universities in how to use the autonomy (variable by country) they do have to manage their environment. This article offers an original analysis of how universities might most appropriately respond, deploying their autonomy, however variable, to address their external regulatory environment. The author suggests we might increasingly see the external regulatory environment as meta-regulatory in character and universities making more use of reflexive governance processes.
      50Scopus© Citations 2
  • Publication
    A Hitchhiker’s Guide to Regulation
    (Walter de Gruyter, 2019-10-08)
    As regulation boomed as an instrument of public policy, from the 1980s, so it has also become a major field for scholarly research which draws on a remarkably wide range of disciplines, including accounting, anthropology, criminology, economics, geography, law, political science and sociology. Regulatory governance today has its own major conferences and journals (notably Regulation & Governance), titled professorships and thriving graduate programmes. In Governing Through Regulation: Public Policy, Regulation and Law, Eric Windholz argues that much of the scholarly literature is insufficiently engaged with and accessible to practitioners. A key objective of this volume is to engage the burgeoning practice community with the central ideas of contemporary regulatory governance scholarship. Windholz’s readership is ‘persons who find themselves working with regulation …’ recognising that the practitioner is increasingly likely to be a postgraduate student of regulation.
  • Publication
    Implementation: Facilitating and Overseeing Public Services at Street Level
    (Oxford University Press, 2020-12-17)
    Implementation is a key concept in the language of public policy as a field both of practice and of scholarship. The concept is less well developed in administrative law, but can be put to use in examining the daily practices of street level bureaucrats in giving effect to government programmes in such areas as welfare, housing, health, industrial policy, transport and so on. A focus on implementation takes us to what are frequently for administrative lawyers ‘the dark and windowless areas of the administration (Harlow and Rawlings 2009: 201), since they are not very visible from the perspective of a court-centred approach to administrative law which largely focuses on judicial review. Today, of course, the development of a wide range of mechanisms for supporting the achievement of administrative justice means there is a greater focus by lawyers on such ground level decisions and actions which constitute the implementation of government programmes. The literature has largely focused on the broadening range instruments of accountability and control for decisions rather than primary decision making itself. Arguably, if the architecture of accountability and control was working well, administrative decisions would be properly made and would not need to call on such external scrutiny frequently. A key function of administrative law and administrative justice is to support decisions being made and implemented well on the ground. There is a potential tension between managerial concerns with effective and efficient decision making, on the one hand, and public law values of accountability, equality and legality on the other (Christensen, Goerdel et al. 2011). The focus of this chapter is on that first level implementation of administrative decisions and actions. I have aimed to pitch the analysis at a level of generality such that it captures key questions and trends relating to implementation across contemporary public administration within the member states of OECD. But the analysis has the potential to illuminate the core functions involved in implementation and the variety in how those functions are executed in terms of levels of government, actors and modes across any system of government. The Chapter concludes with an assessment of the role both of proactive and reactive modes of accountability and oversight in supporting legitimate and effective street level implementation.
  • Publication
    The Politics of Regulation in Ireland
    (Oxford University Press, 2021-09-01)
    There has been a global trend towards greater dependence on regulation in contemporary governance in the period since the 1980s, notably within the member states of the OECD, but also more widely. This chapter examines how these trends have played out in Ireland and examines how we might understand the general trends and also those explanations particular to Ireland. The chapter first addresses the trend towards the establishment of regulatory agencies in Ireland and next considers the more diffuse forms of regulatory governance arising from both international obligations and the deployment of private rules. It concludes with an assessment of how trends in regulation have shaped the oversight of the public sector, both over regulatory activities in particular, and in respect of politics and public services more generally, establishing modes of accountability for public sector activity that are substantially non-parliamentary.