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Dictionary:

Regulation


n.

1. The act of regulating, or the state of being regulated.

The temper and regulation of our own minds.
Macaulay.

2. A rule or order prescribed for management or government; prescription; a regulating principle; a governing direction; precept; law; as, the regulations of a society or a school.

Regulation sword, cap, uniform, etc. (Mil.), a sword, cap, uniform, etc., of the kind or quality prescribed by the official regulations.

Syn. -- Law; rule; method; principle; order; precept. See Law.


 
 
Law Dictionary: Regulation T

A regulation of the Securities and Exchange Commission that governs the maximum amount of credit that securities brokers and dealers may extend to customers for the initial purchase of regulated securities. The Federal Reserve Board sets the limits under Regulation T which have required customers to supply between 40 percent and 100 percent of the purchase price of regulated stocks and bonds since 1934 when the regulation was authorized by Congress. Regulated securities include all listed stocks and bonds as well as a small portion of over-the-counter securities. See margin; regulation U.

 
Word Tutor: regulation
pronunciation

IN BRIEF: A rule or law telling how something is to be done or controlling people's actions.

pronunciation What are the effects of the new safety regulations?

 
Wikipedia: regulation
This article is for the legal term. For regulation of genes, see regulation of gene expression. For the regulation of sports, see Regulation of sport. For regulation in electrical systems see Voltage regulator.

Regulation can be considered as legal restrictions promulgated by government authority. One can consider at least two levels in democracies -- legislative acts, and implementing specifications of conduct imposed by administrative agencies through rulemaking supported by a threat of sanction or a fine. This administrative law or implementing regulatory law is in contrast to statutory or case law.

Regulation mandated by a state attempts to produce outcomes which might not otherwise occur, produce or prevent outcomes in different places to what might otherwise occur, or produce or prevent outcomes in different timescales than would otherwise occur. Common examples of regulation include attempts to control market entries, prices, wages, pollution effects, employment for certain people in certain industries, standards of production for certain goods and services. The economics of imposing or removing regulations relating to markets is analysed in regulatory economics.

Regulation and Statute

A regulation is adopted by a public administration regulatory agency, approved by Office of Administrative Law (OAL), and filed with the Secretary of State and signed by the President / Governor.

A statute is passed by the legislature.

Regulation as a legal term

A particular regulation as a legal term is a rule created by an administration or administrative agency or body that interprets the statutes setting out the agency's purpose and powers, or the circumstances of applying the statute.

A regulation is a form of secondary legislation which is used to implement a primary piece of legislation appropriately, or to take account of particular circumstances or factors emerging during the gradual implementation of, or during the period of, a primary piece of legislation.

Other forms of secondary legislation are statutory instruments, statutory orders, by-laws and rules. Some of these (but not all of them) need to be referred back before being implemented, to the primary legislative process.

Types of regulation

Regulations, like any other form of coercive action, have costs for some and benefits for others. Efficient regulations may only be said to exist where the total benefits to some people exceed the total costs to others.

Regulations are justified using a variety of reasons and therefore can be classified in several broad categories:

  • Market failures - regulation due to inefficiency. Intervention due to a classical economics argument to market failure.
  • Collective desires - regulation about collective desires or considered judgements on the part of a significant segments of society
  • Diverse experiences - regulation with a view of eliminating or enhancing opportunities for the formation of diverse preferences and beliefs
  • Social subordination - regulation aimed to increase or reduce social subordination of various social groups
  • Endogenous preferences - regulation's purpose is to affect the development of certain preferences on an aggregate level
  • Irreversibility - regulation that deals with the problem of irreversibility – the problem in which a certain type of conduct from current generations results in outcomes from which future generations may not recover from at all.
  • Interest group transfers - regulation that results from efforts by self-interest groups to redistribute wealth in their favor, which may disguise itself as one or more of the justifications above.

International experience

United Kingdom

An example in Britain is that there is primary, central government legislation covering the operations of local government, such as devolution. These functions include education, social services, leisure or provision.

In that primary legislation there are provisions to allow local authorities to legislate for themselves, within reason and under proper process, on a range of matters in their areas of responsibility. This allows the law to be effectively applied with appropriate flexibility and taking account of local factors. These are often best known by the local authority concerned.

Regulations also assist the primary legislative process, the national parliament, to avoid the potential bottleneck of the detailed implementation of all the laws it produces in all the varying circumstances throughout the land or throughout the process of their implementation.

Since 1997, central government has been working to improve regulation by applying new principles of better regulation.

France

In French law, the difference between statute law, adopted by the legislative branch and regulation is of paramount importance when it comes to adoption, amendment or judicial review. The French constitution reserves a number of topics for statute law; in normal times, the executive branch may take decisions on such matters only if it has been specifically authorized by a statute to do so as secondary legislation through decrees, or if it has been specifically and rarely authorized by the legislative branch to do so as primary legislation through ordinances. On all other matters, the executive branch is solely responsible for issuing primary legislation through decrees. Secondary or tertiary legislation may come in the form of arrêtés.

All legislation and regulation issued by the executive, including ordinances not ratified by the legislative branch, is subject to judicial review by the administrative courts, such as the Conseil d'État.

European Union

EU regulation has a general scope, and is obligatory in all its elements and directly applicable in all Member States of the European Union. Any local laws contrary to the regulation are overruled, as EU Law has supremacy over the laws of the Member States. New legislation enacted by Member states must be consistent with the requirements of EU regulations. For these reasons regulations constitute the most powerful or influential of the EU legislative acts.

Other forms of legislative acts of the European Union (EU) are directives, decisions, recommendations and opinions.

See also

External links

Wikibooks


 
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Copyrights:

Dictionary. Webster 1913 Dictionary edited by Patrick J. Cassidy  Read more
Law Dictionary. Law Dictionary. Copyright © 2003 by Barron's Educational Series, Inc. All rights reserved.  Read more
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Wikipedia. This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Regulation" Read more

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