Public Law Studies Quarterly

The transition from regulatory state to regulatory governance in the light of the general policy implementation law of the forty-fourth article of the constitution

Articles in Press

Document Type : Article

Authors

Gholamreza Bayat Shahparast 1
Vali Rostami 2

1 PhD Student of Public Law, University of Tehran, Kish Province, Kish, Iran

2 Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Iran

https://doi.org/10.22059/jplsq.2024.363659.3384
Abstract
The transition from regulatory state to regulatory governance indicates a change in the approach to regulation and governance in societies. In the past, the regulatory state model relied on top-down decision-making, where the government played a dominant role in setting and enforcing regulations. However, as societies became more complex and interconnected, it became clear that a more inclusive and collaborative approach was necessary to address diverse needs. This led to the emergence of regulatory governance. The history of regulation in Iran says that the approach of the format in the field of regulation was the regulatory government; however, the law on the implementation of the general policies of the forty-fourth article of the constitution approved on 08/11/2013 represents a change in the regulatory system in Iran. In this article, with the analytical-descriptive research method and in search of an answer to the question, how did the transition from regulatory government to regulatory governance take place? After examining the theoretical subtleties in the field of regulatory government and regulatory governance, it has been tried to examine the competition council as one of the pillars of regulatory governance and to explain the most important obstacles to the council's inefficiency.

Keywords

Regulatory State
Regulatory Governance
Principle Forty-four
Competition Council
Subjects

  1. English

    1. A) Books
    2. Bayly, C. A. (2003). The Birth of the Modern World, 1780–1914. Wiley-Blackwell.
    3. Croley, S. P. (2009). Regulation and Public Interests: The Possibility of Good Regulatory Government. Princeton University Press.
    4. Fischer, F. (2012). Participatory Governance: From Theory to Practice. Oxford Handbooks Online.
    5. Goodin, R. (2012). The Theory of Institutional Design. Cambridge University Press.
    6. Greenwood, S., Singer, L., & Willis, W. (2021). Collaborative Governance: Principles, Processes, and Practical Tools. New York: Routledge.
    7. Holzinger, K., & Schmidt, S. K. (2015). From the Positive to the Regulatory State: A Transformation in the Machinery of Governance. Oxford University Press.
    8. Levi-Faur, D. (2018). From Big Government to Big Governance. Oxford University Press.
    9. Levi-Faur, D., Kariv-Teitelbaum, Y., & Medzini, R. (2021). Regulatory Governance: History, Theories, Strategies, and Challenges. Oxford Research.
    10. Moran, M. (2003). The British Regulatory State: High Modernism and Hyper-Innovation. Oxford University Press.
    11. Nonet, P., & Selznick, P. (2001). Law and Society in Transition: Toward Responsive Law. New York: Harper & Row.
    12. Olson, M. (2009). The Logic of Collective Action: Public Goods and the Theory of Groups. Cambridge, MA: Harvard University Press.

     

    1. B) Articles
    2. Amuzegar, J. (2010). Iran’s Fourth Plan: A Partial Assessment. Middle East Policy, 17(4) (Winter).
    3. Amuzegar, J. (2010). Iran’s Fourth Plan: A Partial Assessment. Middle East Policy, 17(4), Winter.
    4. Koop, C., & Lodge, M. (2015). What is Regulation? An Interdisciplinary Concept Analysis. Regulation & Governance, 11, 95–108.
    5. Ongaro, E., Gong, T., & Jing, Y. (2019). Toward Multi-Level Governance in China? Coping with Complex Public Affairs Across Jurisdictions and Organizations. Public Policy and Administration, 34(2), 105–120.

     

    References In Persian:

    1. A) Books
    2. Center for Presidential Strategic Studies (2021). An Introduction to the Regulatory State. Tehran: Center for Presidential Strategic Studies (In Persian).

     

    1. B) Articles
    2. Asgharnia, Morteza; Rostami, Vali (2020). “Critique and Pathology of the Legal System of Economic Regulation in Iran from the Perspective of Competition Law.” Industrial Economics Research, Vol. 4, No. 11, pp. 61–76 (In Persian).
    3. Cheratian, Iman (2013). “An Analysis of the Challenges of the Competition Council.” Majles va Rahbord (Parliament and Strategy), Vol. 20, No. 37, pp. 67–102 (In Persian).
    4. Hakim Javadi, Ahmad; Pasban, Mohammadreza (2017). “A Comparative Study of Substantive Regulations on Merger Control from the Perspective of Competition Law in the Legal Systems of the European Union and Iran.” Majles va Rahbord (Parliament and Strategy), Year 24, Summer, No. 90, pp. 271–308 (In Persian).
    5. Hosseini, Mina; Ghaffari, Behnam (2020). “A Comparative Study of the Legal Relationship between Competition Authorities and Sectoral Regulatory Institutions: From Conflict to Interaction.” Comparative Law Studies, Year 11, No. 2, pp. 525–550 (In Persian).
    6. Sadeghi Moghadam, Mohammad Hassan; Sadeghi, Mohammad (2014). “A Study of Legal Institutions Supervising the Competitive Market (in Iran, the European Union, and the United States).” Quarterly Journal of Legal Thoughts Research, Year 2, No. 1, pp. 27–54 (In Persian).
    7. Vahadani Nia, Valiollah; Doroudi, Masoud (2019). “Proud Public Policymaking: The Transition from ‘Government‑Centeredness’ to ‘Governance.’” Dowlat‑Pazhoohi (Government Studies), Year 5, No. 18, pp. 131–170 (In Persian).
    8. Zamanian, Morteza; Mohammadzadeh, Ehsan; Zolfaghari, Amir Ahmad; Emamian, Seyyed Mohammad Sadegh (2018). The National System of Regulation 1: The Concept of Regulation and Its Relationship with the Governance System. Tehran: Islamic Consultative Assembly Research Center, pp. 1–55 (In Persian).

     

    1. C) Legal Documents
    2. Amendment to the Law on the Implementation of the General Policies of Article 44 of the Constitution – approved on 12 June 2018 (In Persian).
    3. Executive Regulations for the Establishment and Activities of Non‑Governmental Organizations – approved in August 2005 (In Persian).
    4. Law Amending the Law on the Organizations and Procedures of the Court of Administrative Justice – approved in May 2023 (In Persian).
    5. Law on Continuous Improvement of the Business Environment – approved on 4 February 2012 (In Persian).
    6. Law on Permanent Orders of the Country’s Development Programs – approved on 30 January 2017 (In Persian).
    7. Law on the Implementation of the General Policies of Article 44 of the Constitution – approved on 14 June 2008 (In Persian).
    8. Regulation on Non‑Governmental Organizations – approved on 18 August 2016 (In Persian).
    9. The Constitution of the Islamic Republic of Iran (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 22 November 2026

  • Receive Date 29 August 2023
  • Revise Date 12 October 2024
  • Accept Date 11 November 2024

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