Beyond Responsive Regulation: The expanding role of non-state actors in the regulatory process

Abstract

This comment extends the vision of Responsive Regulation by noting subsequent developments in regulatory pluralism, in particular those occurring under private auspices. The apparent weakening or withdrawal of state regulatory institutions has inspired considerable regulatory activity on the part of non-state actors. In addition, the concurrent growth and pervasiveness of digital technology have greatly facilitated the involvement of individual citizens in non-state regulatory activity. However, the full implications of what might be called “wiki-regulation” remain to be seen. The risks that accompany private regulation may include the lack of accountability of non-state regulatory actors, and the possibility of their failure. There is also a risk that with the increasing salience of what Vogel calls “civil regulation,” state regulatory institutions may atrophy, or fail to develop at all.