Home
/
RELIGION & LIBERTY ONLINE
/
The case for principles-based regulations
The case for principles-based regulations
Jan 26, 2026 4:40 PM

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
Bernie Sanders’s workers wanted $15 an hour—so he cut their hours
On Friday I mentioned the ongoing labor dispute between the workers and management of Bernie Sanders’s presidential campaign. The longtime advocate of raising the federal minimum to $15 an hour is finding that it’s easy plain about greedy employers until you e the one having to make payroll. Presidential campaigns are labor intensive and require an army of low-skilled workers who are willing to work long hours performing rote and mundane task. But as Sanders has discovered, paying for such...
Bernie Sanders: The apologist for inequality
Since Bernie Sanders announced his candidacy for president in the 2020 election, he has brought a seemingly disastrous and looming problem to the attention of the American people, much like he did in his 2016 run: e inequality panied by the tyrannical rule of the elite 1%. Why did someone who seems to be so radical have such a big influence on the Democratic primary in 2016, and have such support in this new race? It’s because he took something...
One nation under debt
The federal debt is a risk to our future. The nation’s growing debt will weaken our economy and threaten our safety and security. Unfortunately, politicians either avoid the issue or suggest reforms that sound good but can’t solve the problem. However, there is a way forward if we act soon, note John Cogan, Daniel Heil, and John Raisian. ...
A victory for socialism? The Israeli Kibbutz
While eating lunch at an Israeli Kibbutz last winter, I learned firsthand about what used to be a self-contained, munity. I was struck by the local guide’s positive view of socialism, believing it to produce munal life and economic prosperity. The guide’s praise only echoes A.I. Rabin and Benjamin Beit-Hallahmi from Michigan State University who wrote that “[t]he most successful attempt at building a mune has been the Israeli Kibbutz.” The optimism expressed by these observations is not without cause...
The Imaginative Conservative reviews Samuel Gregg’s new book
Dwight Longenecker of The Imaginative Conservative published a detailed review of Samuel Gregg’s new book, Reason, Faith, and the Struggle for Western Civilization. He presents a summary of the book, praises Dr. Gregg for his work, and offers his mentary on the matters presented in the book. Longenecker writes, After an opening chapter which uses Pope Benedict XVI’s Regensburg address to introduce the threats to Western civilization, Dr. Gregg goes on to explain the unique cultural chemistry that brought about...
Explainer: Who is Boris Johnson?
Boris Johnson, a champion of free trade and lower taxes, will serve as the next prime minister of the UK beginning on Wednesday, July 24. Officials announced on Tuesday that Johnson won 66.4 percent of the Conservative Party’s popular vote, besting rival Jeremy Hunt 92,153 votes to 46,656. In his victory speech, Johnson thanked his opponent, Jeremy Hunt, for being “a font of good idaeas, all of which I propose to steal,.” He also praised outgoing Prime Minister Theresa May...
New resources to understand ‘Nordic socialism’
Up to 20 forms of life are likely to survive a nuclear war: strains of bacteria, certain insects, and the myth of Nordic socialism. Despite those nations’ most dogged attempts to educate North Americans that they are not socialist, the idea that they present a model of “successful socialism” persists. Three new resources can deepen our understanding of the issue. The pares the tax rates of Sweden with the UK. True, the UK has slightly higher e inequality as measured...
Christianity in Iraq: The brutal truth
When es to understanding the present plight of Middle-Eastern Christianity, one author to whom I usually turn is Father Benedict Kiely. He’s the founder of Nasarean.org, which tries to help persecuted Christians in the Middle East. Sometimes Kiely’s observations are difficult to read, not least because they force Western Christians to face up to the full nature of the plight confronting their confreres that no amount of happy-talk can quite disguise. In a recent Catholic Herald article entitled “The Harsh...
Alejandro Chafuen in Forbes: Opus Dei and Jesuit priests against socialism
For most of the 20th century, Marxism set its sights on state authority and openly political and economic goals. In more recent decades, though, many proponents of Marxism and other socialist stripes have sought to sow change on a societal and cultural level – a trend which some have termed “cultural Marxism.” Two authors who not only condemned Marxism but also saw its cultural transition early on are Monsignor Fernando Ocáriz Braña, current prelate of Opus Dei, and Rev. Enrique...
Bernie Sanders cares more about unions than he does his own workers
Who would have predicted that the hottest labor dispute of the summer would be between the workers and management of Bernie Sanders’s presidential campaign? Sanders is a long-time champion of raising the federal minimum to $15 an hour, so his campaign workers assumed they’d earn that level of pay too: Campaign field hires have demanded an annual salary they say would be equivalent to a $15-an-hour wage, which Sanders for years has said should be the federal minimum. The organizers...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved