Now showing 1 - 10 of 63
  • Publication
    Spontaneous Accountability
    (Cambridge University Press, 2006-07)
    Contemporary ideas about governance are dominated by a loss of faith in both hierarchical modes of control and state-centric conceptions of governing. This tendency has caused both scholars and public policy makers to search for evidence that other modes and loci of control are or might be effective in supplementing or replacing hierarchy and the state. These other modes include governance through networks and communities, governance through competition and markets, and governance through architecture.
      502
  • 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.
      427Scopus© Citations 16
  • Publication
    Enforcing Consumer Protection Laws
    (Edward Elgar Publishing, 2010)
    This chapter adopts a broad conception of enforcement so as to support an analysis and comparison of the various different mechanisms through which the entitlements and responsibilities ascribed by consumer laws may be vindicated. I start by evaluating the different agents of enforcement for consumer law. Whilst it is right to consider the full array of different agents of enforcement, including consumers, businesses, public agencies and NGOs, it is inevitable that consumer law enforcement is chiefly associated with public agencies of the kind widely established in the second half of the twentieth century. Considering different styles of enforcement in consumer law the chief focus in this chapter is on public agencies. I conclude by considering the claim that consumer law entered a ‘post-interventionist’ phase in the 1980s and consider the extent to which the implications of this trend for enforcement have been or may be realised.
      1173Scopus© Citations 7
  • Publication
    Ordering Things: The Irish State Administration Database
    (Taylor and Francis, 2012) ;
    New theoretical approaches to the state have posed challenges for the comparative analysis of the organizational features of states. The analysis of state bodies and state agencies has largely been confined to the sub-discipline of public administration, and has been resistant to the systematic classification that has made progress possible in other areas of comparative politics. This article argues that there is much to be gained by reconceptualizing state bodies in a comparative context. This paper profiles the classification system underlying the construction of the Irish State Administration Database (ISAD). This paper sets out a new approach to conceptualizing the organizational and functional features of states. ISAD not only provides a valuable research resource for work on the Irish state, but also can provide a framework for building a comparative research agenda.
      560Scopus© Citations 11
  • Publication
    The Conceptual and Constitutional Challenge of Transnational Private Regulation
    Transnational private regulation (TPR) is a key aspect of contemporary governance. At first glance TPR regimes raise significant problems of legitimacy because of a degree of detachment from traditional government mechanisms. A variety of models have emerged engaging businesses, associations of firms, and NGOs, sometimes in hybrid form and often including governmental actors. Whilst the linkage to electoral politics is a central mechanism of legitimating governance activity, we note there are also other mechanisms including proceduralization and potentially also judicial accountability. But these public law forms do not exhaust the set of such mechanisms, and we consider also the contribution of private law forms and social and competitive structures which may support forms of legitimation. The central challenge identified concerns the possibility of reconceptualizing the global public sphere so as better to embrace TPR regimes in their myriad forms, so that they are recognized as having similar potential for legitimacy as national and international governmental bodies and regulation.
      902Scopus© Citations 85
  • Publication
    Regulation and risk today
    (Cambridge University Press, 2017-03)
    Risk and regulation have become important organising concepts for a wide variety of public and private actions. The invention of risk as a concept is closely related to wider social ideas based on agency, that we have the capacity to identify the probability of certain adverse events and the harm these are likely to cause should they turn out (Renn 2010). The idea of risk enables us not only to identify and take appropriate actions to prevent the harm arising, but also to use calculations to allow those who share risks (such as harm to property and person arising from motor accidents) to pool their risk through taking out insurance (Ericson, Barry and Doyle 2000). Some public services, notably firefighting, originated as a private mechanism for serving customer of insurance companies and reducing the latter’s exposure, by putting out fires. (Sharman 1991) Major sociological figures such as Ulrich Beck and Anthony Giddens have suggested that the period of late modernity which we are living through may be characterised as a ‘risk society’ in the sense that we face and are aware of multitudes of risks which may have a relatively low prospect of turning out, but which may have catastrophic consequences (Ekberg 2007). The tsunami which engulfed the Fukushima nuclear plant in Japan in 2011 provided a key example. The global financial crisis of 2008- was caused, at least in part, by large numbers of interrelated transactions which generated a hitherto barely noticed ‘systemic risk’ across different classes of financial and non-financial institutions, such that the triggering of one financial action, would then lead to a sequence of further adverse consequences in a range of weakly related market sectors (Harrington 2009).
      329Scopus© Citations 1
  • Publication
    Licensing the Gatekeeper? Public Pathways, Social Significance and the ISDA Credit Derivatives Determinations Committees
    (Taylor and Francis, 2015) ;
    Regulatory relationships in financial markets exemplify the importance and changing nature of transnational business governance interactions (TBGI). These interactions involve reciprocal forces of influence between private and public regulators. We examine one key case of private governance in financial markets: the emergence, structures and decision-making of Credit Derivatives Determinations Committees (DCs) of the International Swaps and Derivatives Association (ISDA). We highlight the mechanisms or ‘pathways’ of interaction between ISDA, governments, courts and public regulators. We demonstrate how interactions between state and non-state actors can occur in both operational and policy spheres. We find ISDA to be a particularly resilient private regulator in an environment subject both to the significant external shock of the Global Financial Crisis and intense pressure on governmental actors to demonstrate that they are counteracting risk. We consider the sources of ISDA’s adaptive capacities. It is clear that ISDA operates as a key gatekeeper in the field and, significantly, the organisation appears to have a form of 'regulatory licensing' power in the DCs. This power of regulatory licence is derived in an immediate sense from the propagation of a web of contracts and norms established by market actors, the content of which is substantially derived from instruments such as the Master Agreement, set down by ISDA itself. But, equally importantly, we find that this regulatory licensing capacity is ultimately backstopped by an implicit delegation from public actors, which lends additional legitimacy to the DCs.
      537Scopus© Citations 2
  • Publication
      317Scopus© Citations 10