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Paul Verbruggen and Tetty Havinga

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Christian Koenig and Bernhard von Wendland

Regulation is the key to overcoming the tyranny of the marketplace in the pursuit of economic justice and welfare: it can prevent the abuse of economic dominance. Such abuse undermines a functioning market, the economic motor to producing welfare, sustainability and inclusiveness. Abuse of public capital is as omnipresent as the abuse of market dominance by private capital. The state can make major investments or compete with the private sector, or pick winners and subsidise them. Such interventions may be necessary e.g. to provide infrastructure. The wasteful allocation of public monies, however, can do immense harm: it can crowd out private investments, distort private incentives and help foreclosing markets. In any case, it deviates scarce funds from those who need them most. Therefore, regulation of state aid and public procurement is just as essential as regulation against the abuse of market dominance by private capital. State monopolies have been another public cause of economic exploitation until the recent past. Besides poor quality of service, consumer bondage within state monopolies used to entail much higher prices for services compared to liberalised markets in other jurisdictions. After liberalisation though, complex and well-adjusted regulation is crucial to induce functioning competition and to allocate the welfare benefits from liberalisation. Keywords: abuse of market dominance, liberalisation, state aid, states monopolies, regulation

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Edited by Julien Chaisse

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Edited by Julien Chaisse

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Julien Chaisse

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Edited by Julien Chaisse

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Edited by Julien Chaisse

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Richard Devlin and Adam Dodek

In this Introduction to Regulating Judges: Beyond Independence and Accountability the authors begin by outlining the conventional frame of reference adopted in the judicial studies literature as being premised upon an independence/accountability continuum. While recognizing the strengths of this traditional approach, the authors argue that analyses of the judiciary could be enriched by adopting some of the insights from contemporary regulation theory. On this foundation they then develop a new conceptual framework based upon a regulatory pyramid comprised of values, processes, resources and outcomes. The latter part of the chapter then road-tests this innovative paradigm by filtering the 19 chapters through the regulatory pyramid to: (a) identify a number of common challenges; (b) highlight several significant controversies; and (c) emphasize the plurality of choices available for the regulation of judges.
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Edited by Shelley Marshall and Colin Fenwick

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Shelley Marshall and Colin Fenwick