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:: Volume 10, Issue 33 (3-2023) ::
qjal 2023, 10(33): 245-269 Back to browse issues page
Redefining of the Concept of Regulation: From Centered to Decentered Approach
Mahdi Hadavand , Farhad Jam *
Abstract:   (538 Views)
Regulation is a heavily contested concept which have been interpreted from different points of view including among others: state institutions; centered or de-centeredness; interests; subject; sector; the regulated activities; the regulatees; ways of rule-making, rule-monitoring and rule-enforcement; authorities or institutions in charge of it; discretion; tools; being intentional or non-intentional, direct or indirect, formal or informal; participation; provision of public interest, commonweal, and public welfare; and even the geography of regulation. However, command and control approach stating that regulation by the State through the use of legal rules backed by sanctions alone, despite its importance, can not explain and describe in a comprehensive manner what is happening in the realm of regulation, consisting of different actors, including independent state or non-state regulatory institutions, businesses and the civil society, and its influence on society. Based on this, in the present article, by reviewing the literature on regulation, its various definitions are examined and then it is shown that regulation is not limited to command and control, nor is the state the only regulator. After giving an analysis of regulation as decentered governance tool, the authors present a definition of this concept, based on reviewing present literature and their own analysis, and each of presented definition's components and elements will be described and justified.
Keywords: regulation, command and control, centered or de-centeredness
Type of Study: Research | Subject: Special
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hadavand M, jam F. Redefining of the Concept of Regulation: From Centered to Decentered Approach. qjal 2023; 10 (33) :245-269
URL: http://qjal.smtc.ac.ir/article-1-1115-en.html

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Volume 10, Issue 33 (3-2023) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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