Comment by akst
4 hours ago
Sure, but sometimes a repealing a bad piece of regulation doesn’t necessitate a replacement.
Policy reform decisions need to be evidence based and sometimes evidence suggests ditching the law over updating. And sometimes it’ll say update it.
What makes Good regulation is path dependent (in respect to existing institutions) and context sensitive, it’s important to analysis the costs of enforcement, not just the administrative side but in terms of lost opportunities. Do they make a suite of desirable economic activity infeasible or unjustifiable more expensive (relative to the goal of the policy)
> There isn't a regulation here, just a process improvement and the difference can be massive
Are those binding constraints? If so it’s effectively regulation or part of the regulatory regime even if they aren’t the rules themselves
I was typing that in the shower, but a more complete version of "Do they make a suite of desirable economic activity infeasible or unjustifiable more expensive (relative to the goal of the policy)" is
Does the added benefit or reduced cost of the law outsize any cost or lost benefit from the introduction of the law? This question isn't always asked and in many cases it's only asked after someone picks up on a problem well after the fact.
Understandably you can't always wait for measurements to come in to evaluate a policy, it's also a political environment in which these decisions are made. That fact also leads to reactionary regulation as its the easiest way for leaders to show they're responding to a problem.
Having the ability to gather evidence to assess policy in a timely manner is actually pretty hard without some kind of history of research in the space, and you need to develop institutions that help answer these questions faster and with some level of independence from the government to demonstrate a level of legitimacy. Even in a scenario where evidence continues to come in, saying "the existing legislation is unideal", you'll have people with who have made a living out of the existing regime defend that status quo. And the longer that legislation is in place the harder it will be to challenge those people as they will only become more organised as time goes on, but in a democracy all you need is the people by and large on your side, but an organised beneficiary of the status quo will definitely not go down without a fight.
It's very difficult to generalise stuff like this.