Publications

With the exception of few comparative case studies, the literature on regulatory reform and regulatory impact analysis (RIA) tends to focus on internal political actors, activities, and processes. Furthermore, empirical analyses of new public management have overlooked the dynamics of communications among networks of administrative reformers. This article fills these gaps, presenting results of an event history analysis on the diffusion of RIA. It probes rationales for the origin of RIA and administrative capacity explanations in combination with variables referring to international and transnational communication channels of administrative reforms. A hypothesis based on legal origin is also tested. The findings show that the decision to adopt RIA rests on transnational networks as well as administrative variables such as government expenditure and legal origin.

Open government enthusiasts assume that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate, they will use these opportunities to participate effectively. However, experience with technology-enabled rulemaking (e-rulemaking) belies this assumption. Engagement of new participants most often takes the form of mass comment campaigns orchestrated by advocacy groups. Challenging the conventional highly negative response to mass commenting, Prof. Nina Mendelson has recently argued that, in a democratic government, agencies should give at least some weight to the value preferences expressed in such comments when rulemaking involves value judgments. Engaging this important argument, we propose a framework for assessing the value of technology-enabled rulemaking participation. Our position -- that the types of preferences expressed in mass comments may be good enough for electoral democracy but they are not good enough for even heavily value-laden rulemaking -- challenges both the Web 2.0 ethos and the common open-government belief that more public participation, of any kind, is a good thing. In rulemaking and similar complex policymaking processes, more public participation is good only if it is the kind of participation that has value in the process. We offer specific principles of participation-system design that are drawn from both normative conceptions of the responsibilities of a democratic government and from the design-based research being carried on by the CeRI (Cornell eRulemkaing Iniative) in the Regulation Room project. We argue that design of civic engagement systems must involve a purposeful and continuous effort to balance “more” and “better” participation, and stress that a democratic government should not actively facilitate public participation that it does not value.

At a time when policy makers want to change the behaviour of citizens to tackle a broad range of social problems, such as climate change, excessive drinking, obesity and crime, a promising new policy approach has appeared that seems capable of escaping the liberal reservations typically associated with all forms of regulatory action. The approach, which stems from the increasingly ubiquitous findings of behavioural research, is generally captured under the evocative concept of ‘nudge.’ Inspired by ‘libertarian paternalism,’ it suggests that the goal of public policies should be to steer citizens towards making positive decisions as individuals and for society while preserving individual choice. As governments are taking considerable interest in the use of ‘nudging,’ this collection of essays provides a pioneering analysis of this innovative policy approach as it is currently experimented in the United Kingdom and the United States. In particular, it aims at critically examining the application of nudging approaches to the current efforts of regulating lifestyle choices, such as tobacco use, excessive use of alcohol, unhealthy diets and lack of physical exercise. In his opening essay, Nudging Healthy Lifestyles, Adam Burgess provides a critical assessment of the introduction of behavioural, nudging approaches to correct lifestyle behaviours in the UK. His thought-provoking analysis triggered a lively debate that has been framed along the subsequent essays signed by On Amir and Orly Lobel, Evan Selinger and Kyle Powys White, Alberto Alemanno and Luc Bovens. Each of these essays critically reflects upon the effectiveness as well as legitimacy of ‘nudging’ approaches.