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Regulatory Governance: History, Theories, Strategies, and Challenges  

David Levi-Faur, Yael Kariv-Teitelbaum, and Rotem Medzini

Regulation, that is, rulemaking, rule monitoring, and rule enforcement, is both a key policy and legal instrument and a pillar of the institutions that demarcate political, social, and economic lives. It is commonly defined as a sustained and focused control mechanism over valuable activities using direct and indirect rules. Most frequently, regulation is associated with the activity of public independent regulatory agencies, designed to promote economic, social, risk-management, integrity, or moral goals. Since the 1990s, more and more states worldwide are establishing such agencies and placing more emphasis on the use of authority, rules, and standard-setting, thus partially displacing earlier emphasis on public ownerships and directly provided services. Alongside this rise of the “regulatory state,” the expansion of regulation is also reflected in the rapidly growing variety of regulatory regimes that involves nonstate actors, such as private regulation, self-regulation, and civil regulation. Regulatory regimes can be explained and assessed from three theoretical perspectives: public-interest theories, private-interest theories, and institutional theories. Each perspective shines a different light on the motivations of the five regulatory actors: rule-makers, rule intermediaries, rule-takers, rule beneficiaries, and citizens. Over the years, diverse regulatory strategies evolved, including: prescriptive strategies that attempt to mandate adherence in precise terms what is required from the rule-takers; performance-based strategies that set in advance only the required outcomes; and process-based strategies that attempt to influence the internal incentives and norms of rule-takers. Although it appears that regulation is here to stay as a keystone of society, it still faces fundamental challenges of effectiveness, democratic control, and fairness.

Article

Religious Frames: Egypt’s Muslim Brotherhood  

Meir Hatina and Uri M. Kupferschmidt

When the Arab Spring of 2011 sparked a second revolution in Egypt (the first having occurred in 1952), it caught the longstanding Muslim Brotherhood almost by surprise. Arguably the oldest Sunni political mass movement in Egypt (having been established in 1928), it had proven remarkably resilient during more than eight decades of alternating repression and toleration by subsequent governments. Though its social composition changed over the years, its principles, as laid down by its founder Hasan al-Banna, continued to inspire large segments of the population in a quest for a state based on Shariʿa, and provided an alternative vision for a more just and moral society. Meanwhile, the Brotherhood built a wide network of social, educational, and welfare institutions. From the early 1980s onwards, with Mubarak in power, the Brotherhood was condoned, if not officially recognized, and members were allowed to participate in several parliamentary and other elections. As an organization with formal traditional leadership bodies, but also a younger generation versed in the modern social media, the Brotherhood was seen to be slowly nearing a point where it would be able to make the transition to a party. It began to formulate a political platform and an economic blueprint for the country. A modicum of democracy was adopted, and more openness towards the integration of women was seen. After winning a relatively large (minority) representation in the 2005 parliamentary elections, the regime was scared enough to allow the Brotherhood to win only one token seat in 2010. The revolution of 2011 ousted Mubarak and then led to relatively free elections with a solid victory for the Freedom and Justice Party, which had been formed by the Brotherhood, as well as a new Islamist-inspired constitution and the election of Muhammad Mursi as president. However, within a year the Muslim Brotherhood government had missed this historical window of opportunity. It proved inadequately prepared for efficient and orderly governance, did not bring order and stability, nor did it advance the aspirational goals of demonstrators. This is how the army, not for the first time in Egypt’s history, came to intervene and depose Morsi in July 2013, replacing him with Defense Minister ʿAbd al-Fattah al-Sisi. It was not long before the Brotherhood was once more suppressed and outlawed. With many leaders in jail, but latent support continuing, observers tend to believe it is not the end of the Brotherhood’s existence.

Article

Corruption in African Politics  

Tom Lodge

Survey evidence indicates that political corruption is more prevalent in Africa than in any other global region, though there is also evidence of considerable variation between countries in degrees of corruption and where it is most likely to be located. Traditional explanations for the frequency of corrupt political behavior emphasized the effects of conflicting values that were a consequence of the imposition of modern forms of bureaucratic government upon societies in which authority rested upon personalized relationships. Contemporary African corruption’s historic roots and its variation across the continent may be the effect of the disjuncture or “incongruency” between colonial and successor postcolonial states and the precolonial political settings upon which they were imposed. Modern neo-patrimonialism is a coping response by rulers and citizens to conditions fostered by economic scarcity and institutional incapacity. Since the 1990s, democratization and liberalization have supplied fresh incentives and opportunities for venal politicians and officials. And even among Africa’s more capable and resourceful states, the institutional fluidity generated by democratic transition and economic reform has opened up possibilities of systematically organized state capture. Consequences of corruption certainly further impoverish poor people, and it is likely that corruption also limits economic growth and distorts government efforts to promote development. It is arguable that in the past, corruption may have helped to facilitate political stability but this is less likely in 2018, as evidence emerges of its corrosive effects on public trust in institutions. African anti-corruption efforts are constrained by the extent to which political power is exercised through patronage but there are instances of successful action, sometimes the byproduct of factional struggles within the political elite. As of 2018, there is no clear evidence of trends in success or failure in the work of African anti-corruption agencies.

Article

Foreign Policy Learning  

Guy Ziv

An improved understanding of foreign policy learning necessitates a clarification of what foreign policy learning is, who learns, and how such learning occurs. Cognitive and social psychologists, sociologists, and political scientists situated in a variety of subfields have contributed to the understanding of foreign policy learning, a multidisciplinary area of inquiry. Learning theorists seek to show how a change in an actor’s beliefs due to experience or observation can lead to changes at other units, such as organizations and within the government. This cognitive dimension is important because actors may pursue a new course of action for politically expedient reasons rather than having genuinely “learned”—a distinction referred to as “complex” vs. “simple” learning. Foreign policy learning can be internal or external. The former type of learning entails what individuals, governments, or organizations learn from their prior experience. Learning theorists who focus on the individual level of analysis borrow insights from political psychology in an effort to shed light on the personal characteristics, the belief structures, and the cognitive psychological mechanisms of political actors that can better inform policymaking. Leaders whose cognitive structures are described as relatively open and complex—like Soviet leader Mikhail Gorbachev, whose learning brought about the dramatic changes that ultimately led to the demise of the Soviet Union—are more likely to alter their beliefs than their cognitively closed and simple counterparts. Yet external learning occurs as well. Policy diffusion studies show that learning can result from demonstration effects. Foreign policy learning via diffusion is not instrumental, but instead occurs through osmosis. Privatization in the former communist states, China’s Foreign Direct Investment liberalization, and the diffusion of environmental norms in the European Union are examples of learning that is contagious, not chosen. A more conscious mode of learning than diffusion is policy transfer, which entails policymakers’ transferring ideas from one country and implementing them in another. Technological innovations, unlike lessons that involve political ideology, are generally easier lessons to transfer—for example, Japan’s success in applying lessons from the West to modernize its army in the second half of the 19th century. The constraints to foreign policy learning are formidable. Decision makers are not always open to reconsidering views that challenge their beliefs. Leaders tend to resort to, and misuse, analogies that prevent learning. Even a change in a decision maker’s beliefs may not lead to foreign policy change, given the myriad political pressures, bureaucratic hurdles, and economic realities that often get in the way of implementing new ideas. Indeed, foreign policy learning and foreign policy change are not synonymous. Scholars face significant obstacles in studying foreign policy learning. There is no consensus on the definition of learning, on what constitutes learning, on how actors learn, when they learn, or on how to assess whether learning has taken place. Despite attempts to make sense of the confusion, scholars face the daunting challenge of improving understanding of how learning is shaped and funneled through the interaction of agents and the structures in which they are situated, as well as the relationship between learning and foreign policy change.