ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Structuring Regulation

The central dilemma inherent in designing effective regulatory institutions is how regulatory decisions should be taken and where they should be located in the wider structures of governance. By representing the state as a series of institutions that derive authority from a constitutional structure and developing the doctrine of separation of powers as an analytical device, case studies relating mainly to insolvency and competition in India are analysed. While insolvency tribunals could make for â??speedy decisionsâ?, this could lead to social costs associated with the violation of the doctrine of separation of powers and the breakdown of inter-institutional bargaining. The Competition Act, 2002 is also an inappropriately structured law for these very reasons.
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