How Can New Governance Regulation Develop? Regulatory Dialectics and Mandatory Charity Performance Reporting

42 Pages Posted: 12 Nov 2020

See all articles by Danielle McConville

Danielle McConville

Queen's University Belfast; Queen's University Belfast - Queen's Management School

Carolyn J. Cordery

Aston University; Victoria University of Wellington - School of Accounting and Commercial Law

Date Written: November 12, 2020

Abstract

Increasingly New Governance approaches are evident in public administration, in contrast to the New Public Management (NPM) approach and reforms of last century. In focusing on competition and outcomes, regulation under NPM has been a tool to manage self-interested decision-makers, and is beset by conflict. Kane’s model of regulatory dialectics could be applied to this approach. New Governance (variously known as New Public Governance, Public Value Governance) takes a process approach, aimed at problem solving and co-creating public good. It blurs traditional regulatory boundaries, and yet, the concern is that, when developing mandatory regulation, power imbalances may still occur and that the process approach may severely delay successful outcomes. We propose a New Governance-orientated model of regulatory dialectics. Here, the use of formal organisations, routine processes and informal dialogues facilitates repeated interactions, identifying more ‘soft’ than ‘hard’ responses by regulators and regulates. This less adversarial and more partnered process leads to greater engagement in regulatory development which impacts significantly on the regulation that results, and has the potential to improve acceptance of (and compliance with) mandatory regulation.

Keywords: Charity performance reporting, regulation, New Zealand, United Kingdom

Suggested Citation

McConville, Danielle and Cordery, Carolyn J., How Can New Governance Regulation Develop? Regulatory Dialectics and Mandatory Charity Performance Reporting (November 12, 2020). QMS Research Paper 2020/10, Available at SSRN: https://ssrn.com/abstract=3728801 or http://dx.doi.org/10.2139/ssrn.3728801

Danielle McConville (Contact Author)

Queen's University Belfast ( email )

Riddel Hall
Stranmillis Road
Belfast, BT95EE
Northern Ireland

Queen's University Belfast - Queen's Management School

Riddel Hall
185 Stranmillis Road
Belfast, BT9 5EE
United Kingdom

Carolyn J. Cordery

Aston University ( email )

Aston Business School
Aston Triangle
Birmingham, B4 7ET
United Kingdom

Victoria University of Wellington - School of Accounting and Commercial Law ( email )

Faculty of Commerce and Administration
PO Box 600
Wellington
New Zealand

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