Regulatory Failure: A Review of the International Academic Literature

van der Heijden, Jeroen (2022). Regulatory failure: A review of the international academic literature. State of the Art in Regulatory Governance Research Paper – 2022.11. Wellington: Victoria University of Wellington/Government Regulatory Practice Initiative.

37 Pages Posted: 11 Apr 2022

See all articles by Jeroen van der Heijden

Jeroen van der Heijden

Victoria University of Wellington, School of Government; Australian National University, School of Regulation & Global Governance (RegNet)

Date Written: March 4, 2022

Abstract

Regulatory failure is much talked about, but little understood. Discussions about regulatory failure are often discussions about different understandings of what can be expected of regulatory governance and public regulation. The rhetoric of regulatory failure (typically a blame game) easily (and often) overshadows its analytical explanation. To improve our understanding of this topic, this research paper presents findings from a broad scoping of the international academic literature on regulatory failure. The literature review is structured according to four broad perspectives on regulation: public interest theory, public choice theory, private interest theory, and institutional theories.

Keywords: regulatory failure, regulatory practice, regulatory governance, regulation, governance, enforcement

Suggested Citation

van der Heijden, Jeroen, Regulatory Failure: A Review of the International Academic Literature (March 4, 2022). van der Heijden, Jeroen (2022). Regulatory failure: A review of the international academic literature. State of the Art in Regulatory Governance Research Paper – 2022.11. Wellington: Victoria University of Wellington/Government Regulatory Practice Initiative., Available at SSRN: https://ssrn.com/abstract=4050156 or http://dx.doi.org/10.2139/ssrn.4050156

Jeroen Van der Heijden (Contact Author)

Victoria University of Wellington, School of Government ( email )

PO Box 600
Wellington 6140
New Zealand

HOME PAGE: http://https://www.victoria.ac.nz/sog/about/staff/jeroen-vanderheijden

Australian National University, School of Regulation & Global Governance (RegNet) ( email )

Australian National University
Building #8
Canberra, Australian Capital Territory 0200
Australia

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