Home
/
RELIGION & LIBERTY ONLINE
/
The case for principles-based regulations
The case for principles-based regulations
May 28, 2026 12:32 PM

In an attempt to cut down on the number of government regulations, president-elect Trump has proposed a “one-in, two-out” rule—for every new regulation implemented, two old regulation must be eliminated. This is similar to the “one-in, three out” rule that was adopted by the government of United Kingdom.

While this is a significant step toward reducing the ever-expanding number of total regulations, would it be enough to actually reduce the regulatory burden on Americans?

Philip K. Howard argues that it would not be enough, and proposes an alternative approach: principle-based regulation.

What reformers have missed is that regulatory failure is not merely a matter of too much regulation but is caused by a flawed philosophy on how to regulate. Both sides assume that human responsibility should be replaced by what is called “clear law.” By striving to prescribe every possible good choice, and proscribe every possible evil, U.S. regulation became an obsessive exercise in micromanagement. That’s why rulebooks are often 1,000 pages, while the Constitution is 15. The evil to be exorcised by all these legal dictates is human authority. Only by lashing each other tightly with detailed law can liberal and conservative politicians be sure that the other side won’t do something bad.

But ordinary citizens in our free society are also lashed to these mindless dictates plying with rules that often make no difference, filling out forms no one reads and stymied by bureaucrats whose response to every idiocy is always “The rule made me do it.” In the name of better freedom, detailed regulations have made everyone powerless.

Howard says this would result in an even fewer regulations:

The solution — the only solution — is to retool regulation to focus on results, not inputs. Find any good school, any good agency, and you will find people who take responsibility for getting the job done. Experts at the Federal Aviation Administration certify planes as “airworthy” based on their expert judgment, pliance with detailed specs on, say, how many rivets per square foot. Teachers at good schools typically say that the principal encourages them to do what they think is best and not worry plying with many forms and metrics.

Economist Arnold Kling recognizes that there would be problems with this method, but agrees that it has many advantages over the current regulatory regime:

One advantage is that Congress could spell out the principles, because principles-based regulation would not require technocratic expertise. That would restore better Constitutional balance. Another advantage is that it would force whoever writes the regulations to think in broad terms about the aims of regulation. You would not be mindlessly piling on regulations with high costs and low benefits.

However, the main advantage is as Howard describes it. Most people want to do the right thing, especially if you respect their autonomy. If you spell out in broad terms what the “right thing” means, people will use their creativity to achieve that. Instead if you spell out do’s and don’ts in detail, they will use their creativity to pliance with the letter but not with the spirit of the regulation.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
What does faith add to the economy? $1.2 trillion, and counting
Once again, the national news reports that the government has legally prevented a Christian ministry from expanding its services for fear it will lose tax revenue. This opposition proves that politicians overvalue the role of government and undervalue the immense benefits that churches provide munity. Religious institutions generate trillions of dollars for the U.S. economy every year, according to a recent study. When a nonprofit petitions a zoning board, politicians see only the lost property taxes they can no longer...
Do the rich get all the gains from economic progress?
The rich get richer, the poor get poorer, and the middle class remains stagnant. That’s the story often told by those plain about inequality in America. But is it true? Has economic progress in America been shared widely or captured by only the rich? As economist Russ Roberts explains, the standard story of stagnating wages takes snapshots of one set of people in the past pares them to an entirely different set of people in the present. But when you...
Explainer: Tree of Life Christian Schools v. City of Upper Arlington
On Monday, May 13, the U.S. Supreme Court let stand a lower court ruling that politicians can legally forbid churches from expanding their ministries in order to maximize the government’s tax revenues. Justices declined to hear the case Tree of Life Christian Schools v. City of Upper Arlington. What happened in the Tree of Life Christian Schools case? Briefly, the Tree of Life Christian Schools serves 583 students, 44 percent of whom are ethnic minorities. A robust 99 percent of...
Abraham Kuyper and the ‘twoness theses’
In the academic world there are several well-known “twoness theses”, says Acton research fellow Andrew McGinnis, arguments by scholars that there are in one historical person two identifiable and contradictory lines of thought that warrant depicting the individual as divided. It seems that anyone who writes and publishes enough material will be susceptible to a twoness thesis. In some ways it is a mark that you have made it as an author. It means you have published, lectured, or preached...
Yet another example of how the Vatican misunderstands America…and economics
After almost twenty years in Rome, I’ve learned not to insist too much on the Vatican reading the USA with any kind of accuracy, so I usually don’t feel the need ment on every little ing from the Roman Curia. It would take up way too much time and make me grumpier than I already am. But there are times when something must be said. August, for example, when you’re one of the few non-tourists around and nothing else is...
Humanity 2.0: The human progress accelerator that ‘should’
Matthew Sanders and Fr. Ezra Sullivan, O.P. facilitate moral discussion with entrepreneurs and academics. Matthew Harvey Sanders, a former seminarian turned successful technology munications entrepreneur, has sought to fuse deep theological and moral convictions with his natural talent and contagious pioneering spirit. His brain child: Humanity 2.0, a self-described “human progress accelerator” showcased last May 9 at a forum held inside Vatican walls. According to Sanders’s web site, Humanity 2.0 is built on Thomas Aquinas’s precepts for human salvation, namely,...
Alexis de Tocqueville and Michael Novak at the Heritage Foundation: May 29, 2019
Aspirations to socialism and social democracy appear to be gaining traction in much of America, especially among young Americans. People are often fuzzy about what they mean by terms like “socialism.” Sometimes it seems to be a type of aspirational outlook. On other occasions, it involves specific policy-proposals. In yet other instances, it’s bination of both. The effect is often to make socialism a harder target to critique. The good news is that we’re been here before. Some of the...
Is Facebook a monopoly the government should break up?
Chris Hughes, a co-founder of Facebook and co-chairman of the Economic Security Project, has recently written an impassioned plea in the New York Times calling for the government to break up Facebook. The piece is well worth reading for the light it sheds on the early days of the social media giant, as well as for the questions it raises regarding privacy and social media use in general, but brings more heat than light in its analysis of Facebook as...
The politically correct rule at Harvard Law
What do President Donald J. Trump and Ronald Sullivan, a professor at Harvard Law School, have mon? At first glance, nothing. However, a careful reading of recent news reveals that these two men were victims of a political trend that has engulfed American society and has been turning the land of freedom into a grotesque experiment of authoritarianism. Let us start with Sullivan. A black law professor occupying a senior position in one of the most prestigious law schools in...
Alejandro Chafuen in Forbes: Building Brazil’s wealth through deregulation
This article appeared originally in Forbes. Read the entire article here. Last week, while visiting the political and business capitals of Brazil, I was able to study the plan for deregulating the Brazilian economy and speak with some of the plan’s architects. The MP da Liberdade Economica (MPLE) the economic freedom provisional measure, has the same standing as any law; it has been signed by President Jair Bolsonaro. In 60 days regulations to implement it will expand its effects. It...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved