Regulating Rule‐Making via Impact Assessment

Abstract

In their attempt to promote “better regulation,” governments have ended up with increasing regulation of rule‐making. Regulatory impact assessment (RIA) is a manifestation of this trend. This article draws on the positive political economy hypothesis that RIA is an administrative control device. Rational politicians—positive political economy argues—design administrative requirements to solve problems of political uncertainty. This is a rather abstract hypothesis but with clearly observable implications. Empirical analysis on Canada, Denmark, the Netherlands, Sweden, the United Kingdom, the United States, and the EU shows that the modes and level of control vary, with almost no evidence supporting the positive political economy hypothesis in Denmark and Sweden and more robust evidence in the other cases, especially the United States and the United Kingdom. The EU scores high, but control has both a political component and an infra‐organizational dimension. In between the extremes I find modest levels of political control in Canada and the Netherlands.