Document Type : Article
Associate Prof, Department of Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran
Ph.D. Student in Public Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran
Regulatory governance is inextricably linked with the two terms: regulatory state and regulatory institutions. The role of the state as a transitional regulator is more prominent in the modern sense. Due to the move towards the postmodern regulatory state, the role of government as a regulator has diminished and regulators are increasingly addressing this. In this paper, using library sources, the mutual obligations of the regulatory state and regulatory institutions to each other have been collected. Then, with a descriptive-analytical method, each of the obligations is analyzed. The purpose of this study is to show the need for balanced interaction by looking at the gaps in the structure of Iran's regulatory governance. The research findings indicate that: first, to understand the regulatory state accurately, one must go through the external description stage and dissect the organ-like function of its internal components; second, the realization of regulatory governance in Iran requires the separation of the government from regulatory institutions. Finally, a unified legal plan in Iran that adequately guarantees the reciprocal obligations of regulatory bodies and the government is essential.
- A) Books
- Ayres, Ian & Braithwaite, John (1992), Responsive Regulation: Transcending the Deregulation, Oxford University Press.
- Cook, Paul & Mosedale, sarah (2007), Regulation, Market and Poverty, Edward Elgar Publishing.
- Crew, M & Parker, D (2006), International Handbook on Economic Regulation, Edward Elgar Publishing: UK.
- Hertog, john den (1999), General Theories of Regulation, Economic Institute/CLAV, Utrecht University.
- Majone, Giandomenico (1993), Controlling Regulatory Bureaucracies; lessons from the American Experience, EUI Working Paper SPS 93/3.
- Morgan, Bornwen & Yeung, Karen (2007), An Introduction to Law and Regulation: Text and Materials, First Published, Cambridge: Cambridge University Press.
- Ogus, Anthony (2001), Economic and the Law, Edward Elgar Publishing.
- Pierce, Richard J; Shapir, Sidney A & Verkuil, Paul R (1999), Administrative Law and Process, Third edition, New York Foundation Press.
- Power M (1997), The Audit Society: Ritual of Verification, Oxford University Press.
- Reif, Linda c (2004), The Ombudsman, Good Governance and the International Human Rights System, Leiden: Springer Science and Business Media Dordrecht.
- Saba, Joseph & Moir, Russell (2006), Improving the Performance of State-Owned Companies, Translated by Yousef Jasmi and Leila Bandari, First Edition, Tehran, Parliamentary Research Center.
- Senn, Myriam (2011), Non-state Regulatory Regimes, Understanding Institutional transformation, Springer-verlag Berlin Heidelberg.
- Turpin, Colin & Tomkins, Adam (2007), British Government and the Constitution, sixth Edition, Cambridge: Cambridge University Press.
- Whish, R & Bailey, D (2012), Competition Law, 7th ed, Oxford University Press; USA.
- Zimmer, D (2012), The Goals of Competition Law, ASCOLA Competition Law Series, Edward Elgar Publishing; USA.
- B) Articls
- Coglianse, Cary & Mendelson, Evan (2010),”Meta-regulation and Self-regulation”, in: Baldwin, Robert etal, (eds), The Oxford Handbooks of Regulation, UK: Oxford University Press, PP. 147-169.
- Foucault, Michel (1991), “Govermentality”, in Graham Burchell, Colin Gordon, and Peter Miller (eds) The Foucault Effect: Studies in Govermentality, Wheatsheaf, Hemel Hempstead, pp. 87-105.
- Heracleous, Loizos (1999), “Privatization: Global trends and implications of the Singapore experience”, International journal sector management, Vol. 12, No. 5, pp. 1-29.
- Offe, Claus (2000), “Civil society and social order: Demarkating and combining market, state and community”, European Journal of Sociology, Vol. 41, No. 1, pp. 71-94.
- Scott, Colin (2000), “Accountability in the Regulatory State”, Journal of Law and Society, Vol. 27, No. 1, pp. 38-60.
- Scott, Colin (2003), “Regulation in the Age of Governance: The Rise of the Post Regulatory State”, National Europe Centre Paper, No. 100, pp. 1-28.
Refrencers In Persian:
- A) Books
- Alwani, Seyed Mehdi & Nedaei, Amin (2015), Networks in the Public Sector from Theory to Practice, First Edition, Tehran: Mahkameh Publications (In Persian).
- Chalabi, Azadeh (1397), Corruption and the Acceptability of Law from the Perspective of Sociology of Law, Second Edition, Tehran, ney Publications (In Persian).
- Dadgar, Yadollah (2019), Basic axes in economic systems, third edition, Tehran: ney publications (In Persian).
- Ghasemi Hamed, Abbas (2015), Economic Law, First Edition, Tehran: Drak Publications (In Persian).
- Mousazadeh, Reza (2015), Public Finance, Eleventh Edition, Tehran: Mizan Publications (In Persian).
- Shams, Abdolhamid (2002), Deregulation, Tehran, Samt Publications (In Persian).
- Shiravi, Abdolhossein (2020), Economic Law, First Edition, Tehran: Samt Publications (In Persian).
- B) Articles
- Ali Nejad, Farhad & Chitsazan, Elham (2012), "Study of the concept of legislative and banking supervision independence and analysis of how it is in the founding system of Iran", the 22nd Annual Conference on Monetary and Foreign Exchange Policies, Monetary and Banking Research Institute of the Central Bank of the Islamic Republic of Iran, pp. 1-21 (In Persian).
- Asgharnia, Morteza & Rostami, Vali (2018), "An Introduction to the Characteristics of Good and Efficient Economic Regulations in Competition Law", Quarterly Journal of Administrative Law, Fifth Year, No. 15, pp. 55-73 (In Persian).
- Badini, Hassan & Poshtdar, Hossein (2013), "Social Security Legal System; Transition from the Welfare State to the Idea of Good Governance ", Legal Research Quarterly, Vol. 16, No. 61, pp. 295-328 (In Persian).
- Hadavand, Mehdi (2008), "Introduction to Economic Regulation", Quarterly Journal of Parliament and Research, Vol. 14, No. 56, pp. 47-84 (In Persian).
- Hadavand, Mehdi & Sarzaeim, Ali (2008), "Transformation of the role of government in the economy", Legal Information Quarterly, Year 6, No. 14, pp. 37-65 (In Persian).
- Joneidi , Laya (2002), "A Comparative Study of Commitment to Providing Information with Emphasis on Common La Systems", Journal of the Faculty of Law and Political Science, Vol. 56, No. 510, pp. 11-47 (In Persian).
- Mansournejad, Mohammad (2004), "Philosophy of Supervision", Islamic Government Quarterly, No. 33, pp. 20-44 (In Persian).
- Malmirimarkaz, Ahmad (2019), "Characteristics of a capable bureaucracy for law enforcement", Quarterly Journal of Administrative Law, Year 6, No. 19, pp. 209-237 (In Persian).
- Mohammadnejad, Heydar (2015), "Privatization of Public Services in the Economic Law System of Iran, France and England", Quarterly Journal of Administrative Law, Year 6, No. 17, pp. 751-101 (In Persian).
- Petoft, Arian & Momenirad, Ahmad (2015), "The evolution of government intervention in the economy from the perspective of public law, from the welfare state to the extra-regulatory government", Quarterly Journal of Public Law Research, Year 17, No. 47, pp. 185-204 (In Persian).
- Shafiee Sardasht, Jafar; Gorji Azandariani, Ali Akbar & Fazelinejad, Javad (2018), "Conceptual distortion of supervision in the Iranian legal system", Quarterly Journal of Administrative Law, Year 6, No. 16, pp. 63-88 (In Persian).
- Shams, Erfan (2009), "The Role of Regulatory Institutions in Regulating Public Services", Legal Information Quarterly, Year 6, No. 19 & 20, pp. 41-59 (In Persian).
- Zareei, Mohammad Hossein (2015), "The Process of Democratization, Accountability and Government Management", in: Discourses in Modern Public Law, Rule of Law and Democracy, First Edition, Tehran, Khorsandi Publications, pp. 257-287 (In Persian).
- Zareei, Mohammad Hossein & Shams, Erfan (2013), "Introduction to the concepts and theories of economic regulation", Journal of Legal Research, No. 62, pp. 163-234 (In Persian).