Regulatory disempowerment: How enabling and controlling forms of power obstruct citizen-based regulation

Open Access
Authors
Publication date 07-2021
Journal Regulation and Governance
Volume | Issue number 15 | 3
Pages (from-to) 800-821
Organisations
  • Faculty of Law (FdR) - Paul Scholten Centre for Jurisprudence (PSC)
  • Faculty of Law (FdR)
Abstract

Regulatory studies assume that citizens can act as regulators to complement or correct failing state and market forms of regulation. Yet, there is a growing literature that shows that in reality citizens may fail to be effective regulators. This paper systematically analyses how power inequalities obstruct citizens in their regulatory roles. It compares four case studies with highly different social and political contexts but with similar outcomes of citizens failing to regulate risk. The case studies are analyzed by operationalizing sociological and political science ideas about manifestations of enabling and controlling forms of power in order to understand the way power inequalities obstruct citizens in their regulatory roles across diverse contexts. The article shows how citizens, from farmers and manual workers in both authoritarian developing and democratic developed contexts to even highly trained medical professionals from the US, have limited agency and are disempowered to act as regulators. Our analysis reveals that five patterns of disempowerment play a crucial role in obstructing successful society-based regulation: (i) dependency, (ii) capacity, (iii) social hierarchy, (iv) discursive framing, and (v) perverse effects of legal rights.

Document type Article
Note In special issue: Power Transitions and the Rise of the Regulatory State: Global Market Governance in Flux.
Language English
Published at https://doi.org/10.1111/rego.12328
Other links https://www.scopus.com/pages/publications/85087305045
Downloads
rego.12328 (Final published version)
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