Research Handbook on Not-For-Profit Law
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Research Handbook on Not-For-Profit Law

Edited by Matthew Harding

This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.
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Chapter 23: Design and implementation of a charitable regulation regime

Brian Galle

Abstract

This chapter considers several under-explored questions relating to the regulation of not-for-profits. What might justify state regulation of the sector? Under what circumstances might self-regulation be preferable to state regulation? What role does enforcement play in a sound framework of not-for-profit regulation, and who ought optimally to be given the standing on which such enforcement depends? If the value of the not-for-profit sector lies in the diverse range of perspectives that it nurtures and facilitates, then to what extent does government regulation of the sector interfere with that value? To what extent do not-for-profit organizations comply with regulatory and other requirements and why? The chapter suggests that the ideal regulatory framework for not-for-profits is likely to be one in which the state and the sector each play a key role, and to which law, policy and culture make seminal contributions.

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