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The Rise of the Regulatory State of the SouthInfrastructure and Development in Emerging Economies$
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Navroz K. Dubash and Bronwen Morgan

Print publication date: 2013

Print ISBN-13: 9780199677160

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677160.001.0001

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The Embedded Regulatory State: Between Rules and Deals

The Embedded Regulatory State: Between Rules and Deals

Chapter:
(p.278) (p.279) 17 The Embedded Regulatory State: Between Rules and Deals
Source:
The Rise of the Regulatory State of the South
Author(s):

Navroz K. Dubash

Bronwen Morgan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677160.003.0017

This chapter builds on the case-study findings and the dialogue that follows with various commentators, to make an affirmative argument that repositions the regulatory state, allowing its dynamics to be tracked and interpreted without presuming that solutions are necessarily to be found in a rule-based, apolitical and technocratic world. It argues that displacing this assumption is vital to taking forward the study of the regulatory state in both the South and the North. The means of displacing it is to understand the regulatory state as positioned on a spectrum ‘between rules and deals’, a task elaborated in Part I of the chapter. The path for productively taking forward the research agenda is threefold. Part II discusses the need to articulate the contextual determinants of movement along the spectrum, by identifying elements of national political economies that locate particular governance challenges at various points between rules and deals. Part III highlights the need to understand the institutions of the regulatory state as embedded in social relations, by bringing the regulatory state literature into direct conversation with the developmental state literature. Finally, Part IV draws on public law traditions of regulatory theory to argue that proceduralization is a useful framework for explicit consideration of the role of the regulatory state in shaping, constraining, and legitimizing arenas for negotiation.

Keywords:   South, political economy, governance, institutions, social relations, developmental state, proceduralization, negotiation

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