Between Regulation and Legislation

Call for Papers for Special Issue of The Theory and Practice of Legislation

 Guest Editors:  Nir Kosti, David Levi-Faur, Guy Mor, The Hebrew University of Jerusalem

We live in an age in which different types and sources of legislation, including statutes, regulations, decrees, orders, acts, by-laws, case law, treaties and codes, continuously proliferate within and beyond states, increasingly penetrating all spheres of life. Our age has also been described as the “golden age of regulation”, in which different forms and shapes of regulation are carried out by state and non-state actors, organizing and shaping the behavior of individuals, groups, organizations, states and international organizations.

The expansion of regulation and legislation is reflected by growing scholarly interest in them. The establishment of regulation and governance scholarships, as well as the revival of legislation and legisprudence studies in legal scholarship attest to the increasing importance of regulation and legislation in public life. However, far too little attention has been paid to conceptual and empirical relationships between legislation and regulation, and especially to the democratic consequences of their co-evolution and intersection. Scholarly treatments of the two phenomena are few and far between. Questions about what regulation and legislation are, the similarities, differences and possible overlap between them, and their consequences for policy making and democratic legitimacy remain open.

We invite contributions to these and related questions about the relationships between regulation and legislation and the following or related topics:

1. Legislation as an instrument for regulation vs. other uses and conceptions of legislation
2. The relationship between primary and secondary legislation
3. Legalized vs. non-legalized forms of regulation
4. The regulatory state and the legislative state
5. Regulation, legislation and economic and social performances
6. Quality of regulation and quality of legislation: conceptions and measurement (or: better regulation vis-à-vis better lawmaking)
7. The evaluation and impact assessment of legislation vs. regulation
8. Legislation and Regulation in an increasingly Judicialized and Juridicialized world
9. Parliament, Bureaucracies and Legislation

Please send proposals (500 words) along with authors’ names, institutional affiliations, and a list of relevant publications to Nir Kosti no later than October 1^st 2018. Invited papers should be sent by March 1^st 2019 to the guest editors. Papers that enter the review process will be double-blind reviewed, following the journal’s peer review process and evaluation criteria.