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The Regulatory StateConstitutional Implications$
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Dawn Oliver, Tony Prosser, and Richard Rawlings

Print publication date: 2010

Print ISBN-13: 9780199593170

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199593170.001.0001

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Regulation, Democracy, and Democratic Oversight in the UK

Regulation, Democracy, and Democratic Oversight in the UK

(p.243) 12 Regulation, Democracy, and Democratic Oversight in the UK
The Regulatory State

Dawn Oliver

Oxford University Press

This chapter discusses the ways in which regulation may be subject to democratic oversight in the UK. This is an issue because regulation involves limitations of freedom of activity in certain areas — often, but not only, areas of economic activity — that have a potentially large impact on the public interest or on the interests of particular individuals and enterprises. While regulatory activity is subject to a degree of judicial control and to various audits, it is widely recognized that regulators should also be under pressures that will ensure that their activities are carried out in the public interest and in a spirit of public service, and with due regard to the rights and interests of individuals and corporate bodies affected by the regulated activity — whether as operators or as consumers. The response to these concerns in the British system is found in a range of arrangements for what may be broadly called ‘democratic oversight’.

Keywords:   regulation, UK law, democratic oversight, regulatory activity

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