Clashes and agreements between regulatory agencies and courts: The influence on regulatory governance (Record no. 528025)

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fixed length control field 02506nam a22001577a 4500
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fixed length control field 241105b ||||| |||| 00| 0 eng d
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Silva, Jeovan and Guimaraes, Tomas Aquino
245 ## - TITLE STATEMENT
Title Clashes and agreements between regulatory agencies and courts: The influence on regulatory governance
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Place of publication, distribution, etc International Review of Administrative Sciences
300 ## - PHYSICAL DESCRIPTION
Extent 90(3), Sep, 2024: p.529-545
520 ## - SUMMARY, ETC.
Summary, etc Literature on the operation of regulatory agencies and their interactions with the executive branch of government is well established. Much less attention has been devoted to the relationship between these agencies and the courts, especially in case of judicial review of regulators’ decisions. This paper examines how judicial review of regulatory decisions produces clashes and agreements between regulatory agencies and the courts, and the influence of these relationships on regulatory governance. The research was conducted in Brazil with 21 interviews, consisting of eight officials of six federal regulatory agencies, seven attorneys from five agencies, and six federal judges. Regulatory governance, institutional theory, and regulatory overlap were the main analytical frameworks for this research. Data was subjected to content analysis. The findings showed that judicial review plays an important role in the overlapping scopes between courts and regulatory agencies. The institutional details of regulatory governance are crucial for the regulatory bodies to function. Despite the conflicts, judges seek more coordination with regulators, because of a greater awareness of the specifics of regulatory policies. Attorneys of regulatory bodies perform a key role in the dialogue between regulators and courts, especially by bridging the gap between technical and legal protocols. Regulatory litigation provides powerful economic agents with the opportunity to obtain a successful remittance of fines, thereby diluting the regulators’ ability to enforce regulation.- Reproduced

https://journals.sagepub.com/doi/abs/10.1177/00208523231210478
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Public Administration, Regulatory Agencies, Courts, Judicial Review, Governance, Policy Implementation, Institutional Conflict, Regulatory Governance, India, Administrative Law, Checks and Balances, Regulatory agencies, Regulation, Courts, Judicial review, Regulatory governance.
9 (RLIN) 48529
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Main entry heading International Review of Administrative Sciences
906 ## - LOCAL DATA ELEMENT F, LDF (RLIN)
Subject DIP REGULATORY GOVERNANCE
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Item type Articles
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Permanent location Current location Date acquired Serial Enumeration / chronology Barcode Date last seen Koha item type
          Indian Institute of Public Administration Indian Institute of Public Administration 2024-11-05 90(3), Sep, 2024: p.529-545 AR133453 2024-11-05 Articles

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