Home
/
RELIGION & LIBERTY ONLINE
/
The case for principles-based regulations
The case for principles-based regulations
Feb 1, 2026 4:18 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
2007 Samaritan Award call for entries
The Acton Institute is looking for great charities. The Samaritan Award is a $10,000 award given to a charity that is primarily privately funded and whose work is direct, personal and accountable. There are also second and third place prizes of $1,000 as well as a special edition of WORLD Magazine that will feature the top 10 charities in the United States. All programs that apply for the Samaritan Award will be entered into the Samaritan Guide which is prehensive...
If the earth can be God, why can’t Al Gore be a prophet?
Back in September of 2003, Michael Crichton delivered an address in which he made the claim that modern environmentalism has e much more than a desire to be wise stewards of our environment; rather, he said, it has e a full-fledged religion. Here’s a sample: I studied anthropology in college, and one of the things I learned was that certain human social structures always reappear. They can’t be eliminated from society. One of those structures is religion. Today it is...
Earth Day and the environment
Over the last week I’ve done a couple radio interviews related to my op-ed in the Detroit News, “U.S. must move beyond Earth Day slogans.” Thanks to The Bill Meyer Show out of Medford, Oregon, who had me on in the morning last Thursday. And thanks also to The Paul Edwards Program for having me on yesterday. I spoke with Paul at some length about plications of owning Compact Fluorescent Lightbulbs (CFLs). In the course of the interview (which you...
We’re doomed. Just accept it.
Whoever wrote this deserves an award for managing to keep all of the various threads together. It’s almost a perfect storm of public policy ineptitude: Just in case you lost track of the bouncing ball, here it is: Virginia has finally put the crisis-ignoring haters of truth in their place by passing a roads package to encourage the use of cars that are destroying the planet, so people can reach their sprawling subdivisions that Virginia is trying to keep in...
Global Warming Consensus Watch, Volume II
This week in the PowerBlog’s Global Warming Consensus Watch: A final pass at the Sheryl Crow/Toilet Paper controversy, just to ensure that the issue is wiped clean; The fight against climate change goes to 11; Global warming causes everything, and we’ve got professional athletes to prove it; and finally, what – if anything – are those carbon offsets offsetting? Flushing away the residue of a botched joke: As I noted earlier, Sheryl Crow has decided to inform the rest of...
Free economies and the common good
Could the early socialists have envisioned an organization such as Wal-Mart or predicted the thousands of jobs created by such a firm? In this week’s Acton Commentary, Rev. Robert A. Sirico examines the mon good” and free markets in this excerpt from a recent speech at the first annual Free Market Forum, sponsored by Hillsdale College’s Center for the Study of Monetary Systems and Free Enterprise. Read the mentary here. ...
Archbishop resigns board over Sheryl Crow
Tim Townsend, of the St. Louis Post-Dispatch, reports: ST. LOUIS — Rock singer Sheryl Crow ing home to Missouri this weekend to sing her polished, roots-rock songs at the Fox Theater to help raise money for children with cancer. But St. Louis Archbishop Raymond Burke was not interested in Crow’s altruism. He was interested in her activism — specifically her support for embryonic stem cell research, which the Roman Catholic church believes is akin to abortion. On Wednesday, Burke said...
Global warming consensus alert!
Via Stephen Hayward at Planet es word of another scientist off the “consensus” reservation. According to David Evans (who, according to his bio, is a genuine rocket scientist – sweeeet…), “… in 1999 the evidence that carbon emissions caused global warming seemed pretty conclusive, but since then new evidence has weakened the case that carbon emissions are the main cause. I am now skeptical. As Lord Keynes famously said, ‘When the facts change, I change my mind. What do you...
Google faces free speech resolution
Via Slashdot, es today that Google’s next shareholders meeting will feature a vote on a shareholder resolution to protect free speech bat censorship by intrusive governments. According to the proxy statement, Proposal Number 5 would require the recognition of “minimum standards,” including, that pany will use all legal means to resist demands for censorship. pany will ply with such demands if required to do so through legally binding procedures,” and that pany will not engage in pro-active censorship.” Part of...
Emissions and a new coal boom
One more note related to the week’s reflections on energy and the environment. This brief piece from Marketplace highlights coal’s newfound popularity, “Coal makes eback” (here’s an in-depth and more technical piece from the NYT. HT: Instapundit). Marketplace reporter Jeremy Hobson notes the need for coal to be integrated into an energy policy oriented toward independence: “The U.S. has more coal than any other country. $27 billion worth is mined every year. That’s why everyone, from unions to politicians to...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved