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Law Drafting and Alternatives to Regulation

NCJ Number
Jyrki Tala
Date Published
100 pages
This is the English summary of a study that addresses alternatives to regulation in Finland and other OECD countries.
The report begins with conceptual clarifications. The study suggests it would be useful to divide alternatives to regulation into two categories. The first category includes strategic alternatives to regulation that contain basic legal or policy approaches as well as combinations of various regulatory and non-regulatory methods. The second category contains alternative ordinary options, which are common in almost all legislative projects. Law drafters address and analyze issues specified in regulations pertinent to the law's implementation. The study advises that keeping these two categories of regulation separated would significantly improve the organization and guidance of the law-drafting procedure. This report discusses in more detail three primary regulatory strategies: self-regulation, co-regulation, and informational strategies. The focus is on outlining a realistic view of the opportunities to use alternative regulation within law-drafting procedures. One basic conclusion is that several limitations restrict the space within which legislators are able to analyze and consider various alternatives to regulation. These limitations pertain to political, economic, legal, and practical matters. Also, on many occasions, the law-drafting procedure is governed by compromises and other political decisions that prevent legislators from considering alternatives. Recommendations for improving law-drafting practices are presented. 104 references


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