Styles of regulatory discretion: A comparative analysis of the British and Israeli education legislation
本文提出了一个分析监管裁量权风格的新框架，从义务、内容和程序三个维度比较了英国和以色列1948-2020年的教育立法，发现两国在裁量权设计上存在显著差异，并探讨了裁量权与监管产出之间的关系。
Abstract Regulatory discretion is a central theme in the study of regulation and governance. However, little attention has been paid to the question of how countries vary in the way they design regulatory discretion. This article fills this gap by conceptualizing styles of regulatory discretion according to a novel conceptual framework that distinguishes between three dimensions of regulatory discretion: obligation, content, and procedure. Empirically, the article compares regulatory discretion in British and Israeli education legislation during the period 1948–2020. The findings reveal substantial differences in regulatory discretion styles between the two countries across all three dimensions of regulatory discretion. Accordingly, this article proposes several links between regulatory discretion and regulatory production that can be explored further. In doing this, the article points to the relationship between discretion practices and regulatory outcomes.