Home
/
RELIGION & LIBERTY ONLINE
/
The case for principles-based regulations
The case for principles-based regulations
Jan 5, 2026 4:40 AM

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
‘Jesus Had An Economic Plan’: Was it Redistribution?
Susan Brooks Thistlethwaite, professor of theology at Chicago Theological Seminary believes that Jesus had an economic plan. She’s written a book, #Occupy the Bible: What Jesus Really Said (and Did) About Money and Power, and claims that Jesus came to reverse economic inequality. When Jesus announced his ministry as “good news to the poor” and to “proclaim the Year of the Lord’s favor” (Luke 4: 18-19), he meant that he wanted his society to have a year when economic inequality...
The ‘High Tide of American Conservatism’ and Where We are Today
Given all the reassessment going on today about conservatism and its popularity and viability for governing, I mend picking up a copy of The High Tide of American Conservatism: Davis, Coolidge, and the 1924 Election by Garland Tucker, III. The author is Chief Executive Officer of Triangle Capital Corporation in Raleigh, N.C. Over the years, I’ve highlighted how Coolidge’s ideas relate to Acton’s thought and mission. And while I’ve read and written a lot about Coolidge, I knew next to...
Video: Novak Award Winner Says Religion Inspires Hope, Creativity in Crisis
Prof. Giovanni Patriarca, recipient of the Acton Institute’s 2012 Novak Award given recently in Rome at the Pontifical University of St. Thomas Aquinas, was interviewed by RomeReports Television News Agency in a video released Friday. Articulating the main points of his lecture “Against Apathy: Reconstruction of a Cultural Identity,” Patriarca told RomeReports that Western democratic society is abandoning its traditional values and, therefore, its very culture of responsible freedom and creativity. He placed part of the blame of the West’s...
Rev. Sirico on the Hugh Hewitt Show
Rev. Sirico will be on the Hugh Hewitt Show today at 8:20pm EST to discuss his book, Defending the Free Market. Listen to the show on your local Salem station or live online here. ...
Mennonite-owned Company Joins in HHS Fight
Conestoga Wood Specialties of Pennsylvania, with 950 employees, has filed suit against the government’s HHS mandate. The Mennonites, who trace their religious roots to the 16th century, have about one million members worldwide. Mennonites understand that life begins at conception, and the owners of Conestoga Wood Specialties do not want to be forced ply with a mandate that conflicts with their faith. According to the Philadelphia Inquirer: “Because of that provision in the policy, because our clients are paying for...
The Separation of Union and State
Solidarity designed by Thibault Geoffroy, from The Noun Project When I moved to west Michigan, one of the things that struck me the most were distinct cultural differences between the different sides of the state. While I was pursuing a master’s degree at Calvin Theological Seminary, I worked for a while in the receiving department at Bissell, Inc. I remember being surprised, nay, shocked, that a manufacturer like Bissell was not a union shop. (All those jobs are somewhere else...
‘Liberating Labor’ and Right-to-Work
The Michigan legislature’s historic vote today on the right-to-work issue raises the important question: Do labor unions offer the best protection for the worker? Liberating Labor: A Christian Economist’s Case for Voluntary Unionism by Charles W. Baird answers that question and explains the Catholic social teaching on the issue. In theory, unions foster good relations between employers and workers and prevent mistreatment or exploitation in the workplace. Pope Leo XIII sanctioned trade unions in Rerum Novarum during the Industrial Revolution;...
Economic Freedom: Vital for All
On Nov. 28, the Canada-based Fraser Institute released the eighth edition of its annual report, Economic Freedom of North America 2012, in which the respective economic situation and government regulatory factors present in the states and provinces of North America were gauged. Global studies of economic freedom, such as the Heritage Foundation’s 2012 Index of Economic Freedom and the Fraser Institute’s Economic Freedom of the World 2012, rank the United States and Canada as two of the most economically free...
Magnanimity and Humility Make for Good Entrepreneurs
Alexandre Havard leading a recent “Virtuous Leadership” seminar with CEOs and entrepreneurs in Latvia, one of the most industrialized and wealthy republics of the former Soviet Union The Acton Institute’s Rome office led its recent Campus Martius Seminarwith Alexandre Havard, the Russian-French author of Virtuous Leadership(2007), Created for Greatness: The Power of Magnanimity(2011)and founder of the Moscow- and Washington, D.C.-based Harvard Virtuous Leadership Institute. Havard, speaking with Zenit’s Ed Pentin in an article following the seminar, said that during today’s...
Big Gains for the Union Liberation Movement
The Michigan legislature passed right-to-work legislation today, a landmark event that promises to accelerate the state’s rebound from the near-collapse it suffered in the deep recession of 2008. The bills are now headed to Gov. Rick Snyder’s desk. The right-to-work passage was a stunning reversal for unions in a very blue state — the home of the United Auto Workers. Following setbacks for organized labor in Wisconsin last year, the unions next turned to Michigan in an attempt to enshrine...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved