Home
/
RELIGION & LIBERTY ONLINE
/
The case for principles-based regulations
The case for principles-based regulations
May 10, 2025 1:10 AM

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
Young Socialist Hearts, Old Conservative Heads, and Correctly Attributed Quotes
In the recent Iowa Caucus, young Democratsfavored the socialist Bernie Sanders by a margin of six to one, while older voters went overwhelmingly for the more traditionally progressive Hillary Clinton. The support of an old socialist by young voters and socialism should remind us of that old quote . . . you know the one, the one by . . . Churchill? When es to citing famous quotations, a good rule of thumb is to attribute any unknown saying either...
Religious Shareholder Activists: Enemies of Debate
From the time your writer opted to publicly proclaim his policy opinions in a variety of forums that are privately funded, he has incurred estrangement from ideologically opposed friends and family members, as well as receiving threatening emails and even frightening phone calls plete strangers. From the above experiences, it was easy to glean progressives can be very nasty (comments I receive often remark negatively on my choice of eyewear). Most tellingly, however, presume to know the private funding sources...
Do you feel a Draft?: Freedom, Virtue, and Military Conscription
LastDecember Defense Secretary Ash Carter announced he would lift the military’s ban on women serving bat, a move that allows hundreds of thousands of women to serve in front-line positions during wartime. “This means that as long as they qualify and meet the standards, women will now be able to contribute to our mission in ways they could not before. They’ll be able to drive tanks, give orders, lead infantry soldiers bat,” Secretary Carter said at a news conference. Today,...
Lessons of the Flint Water Crisis
“As all the media attention attests, the sad story of Flint is not limited to itself,” says Kishore Jayabalan in this week’s Acton Commentary. “The entitlement mentality is like a drug ruining not just American cities but spreading to the country as a whole. The entitlement mentality is like a drug ruining not just American cities but spreading to the country as a whole.” As a native of Flint, Michigan, I am very saddened by the contaminated water crisis that...
This is No Time to Panic
Today is the official start of the primary season, which which means it’s also the time when many people officially shift into political panic mode. A lot of usare in a panic, fearing that Western civilization — or at least America’s future — is at stake and that something must be done quickly to avert disaster. But what Americans really need is to to heedthe advice of Greg Forster: Don’t panic. With all due respect to baseball, panicking is America’s...
A Lesson in Capitalism from JS Bach and a Penniless Swami
What do we care about? How does the economic system affect our purpose in life? How can it enhance our purpose? Those are the questions Arthur Brooks, president of the American Enterprise Institute, tackles in his presentation before the Aspen Institute. ...
What Kuyper Can Teach Us About Trump and the ‘Third Temptation’
Liberty University president Jerry Falwell Jr. recently stirred up a bit of hubbub over his endorsement of Donald Trump, praising the billionaire presidential candidateas a “servant leader” who “lives a life of helping others, as Jesus taught.” For many evangelicals, the disconnect behind such a statement is more than a bit palpable. Thus, the critiques and dissents ensued, pointing mostly to fortable co-opting of Trump’s haphazard political proposals with Christian witness. As Russell Moore put it: Politics driving the gospel...
Economic freedom increasing worldwide, but not in U.S.
The Heritage Foundation and Wall Street Journal recently released the 2016 Index of Economic Freedom. Despite modest gains in economic freedom worldwide, Americans have, for the eighth time in a decade, lost economic freedom. The global average score is 60.7, “the highest recorded in the 22-year history of the Index” with more than thirty countries including Burma, Vietnam, Poland, and others, received “their highest-ever Index scores.” 74 countries’ ranks declined, but they improved for 97. The least free countries included...
5 Facts About the Iowa Caucus
Tonightthe nominating process for the U.S. presidential elections officially begins when voters in Iowa meet for the caucuses. Here are five factsyou should know about what has, since 1972, been the first electoral event of each election season: 1. A caucus is a meeting of supporters or members of a specific political party or movement. To participate in the Iowa Caucus, political supporters show up at a one of the 1,681 precincts (church, school munity center, etc.) at a specific...
The Goo-Goo Chorus of Silence
George Soros just donated another $6 million to Democratic Party presidential candidate Hillary Clinton’s Super Political Action Committee, raising the total the billionaire has contributed thus far to her 2016 campaign to $7 million. Liberals and progressives who can be counted on to hyperventilate every time the Koch brothers drop a dollar into a Salvation Army drum haven’t made a peep. They’ve also been remarkably silent on other donations to Clinton’s Priorities USA SuperPac, including $5 million from Haim Saban...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved