Document Type
Article
Publication Date
Winter 2008
Rights
Abstract
This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding of which programs win regulatory competitions, and why.
Publication Title
Chicago Journal of International Law
First Page
513
Last Page
534
Required Text
Originally appearing in the Chicago Journal of International Law, 8 Chi. J. Int'l L. 513 (2008). Reprinted with permission from the University of Chicago Law School. Also available at
Recommended Citation
Errol E. Meidinger,
Competitive Supragovernmental Regulation: How Could It Be Democratic?,
8
Chi. J. Int'l L.
513
(2008).
Available at:
https://digitalcommons.law.buffalo.edu/journal_articles/549
Comments
Originally appearing in the Chicago Journal of International Law, 8 Chi. J. Int'l L. 513 (2008). Reprinted with permission from the University of Chicago Law School. Also available at Chicago Unbound.