This book is the first comprehensive study of the use of non-statutory rules in government. When should government be carried out with rules? What are the alternatives to governing with rules, and are they part of good governmental process? These issues lie at the heart of this book, which focuses on non-statutory rules - such as codes or circulars - their potential and their limitations. It examines how rule-use can be assessed, the success of rule-use and how choices can be made between rules and alternative processes in governmental functions, the analysis in rule-making, and the particular problems of governing with rules within the European Community. From the reviews of the hardback: 'Rules and Government is a pioneering attempt at analysing an area of the constitution strangely ignored by both public lawyers and by political scientists. It is a scholarly work of high quality on a subject that is likely to stimulate a good deal of further analysis in the future.' - Vernon Bogdanor, The Times Higher Education Supplement; 'Very well-written and readable...Rules and Government is a valuable and important contribution to the literature of law and government.'
- Professor Tony Prosser, Modern Law Review; 'Undoubtedly this book will be an important source of material for anyone interested in regulatory design and the interaction of law and administration - this is a good book. It gives a stimulating and illuminating account of rule-making in practice and presents a mass of material clearly and in an attractive way.' - Professor Jack Beatson, Public Law; 'Rules and Government makes an important contribution to three areas of academic debate. First if feeds into theoretical discussion of administrative justice. Second, it contributes to a body of empirical studies on regulation. Third, it addresses the only recently developing literature on regulation through European Community rules across the disparate administrative regimes of the various member states...Baldwin succeeds in his aim to set out a middle range theory of legitimacy. Rules and Government does not just address academics but is also relevant for rule-makers who want to improve rule-making.' - Bettina Lange, Legal Studies
'not only is 'Rules and Government' a scholarly book focusing on several aspects of administrative rules, it is also intended to be somewhat of a practical guide for those actually devising and implementing rules...a good analysis of government rulemaking, at the least in the context of Great Britain.'
'Baldwin's book fits in best with graduate level courses on British politics, administrative law, and the European Union.'
`'This book is a carefully argued discussion of the use of rules as instruments of government...important addition to the literature on the problem of rules and regulations.'
Part 1. Rules and Governmental Processes
Introduction: Governing with Rules
Rule-Type and Government
Rules, Discretion, and Legitimacy
Rules Made by Governments
Part 2. Regulating with Rules
Rules and Regulations
Making Rules Work
Rules and Economic Appraisals
Part 3. The European Community
Rule Use in the European Community
Part 4. Rules and Alternatives
Processes and Governmental Strategies