Law And Post-privatization Regulatory Reform: Perspectives From The U.S. Experience
Peter H. Schuck
Yale University - Law School
Yale Law School, Program for Studies in Law, Economics and Public Policy, Working Paper No. 222
The paper identifies three paradigmatic roles that public law can play in the kind of post-privatization political and policy environments in which emerging liberal democracies are now situated. These roles are (1) to create and institutionalize a strong but rebuttable presumption in favor of market solutions to social problems; (2) to maximize the effectiveness of regulation where it is used; and (3) to establish extra-regulatory institutions and processes that can help monitor, augment, and discipline ther resulting hybrid system of markets and regulation. The paper discusses how American public law has implemented these roles.
Number of Pages in PDF File: 23
Date posted: November 9, 1999