Home
/
RELIGION & LIBERTY ONLINE
/
The case for principles-based regulations
The case for principles-based regulations
Dec 28, 2025 4:12 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
What is Religious Freedom?
In its fullest and most robust sense, religion is the human person’s being in right relation to the divine, says Robert George, and all of us have a duty, in conscience, to seek the truth and to honor the freedom of all men and women everywhere to do the same: . . . the existential raising of religious questions, the honest identification of answers, and the fulfilling of what one sincerely believes to be one’s duties in the light of...
Should Christians Be Worried About Government Surveillance?
Ed Stetzter thinks so. In a Christianity Today article, Stetzer says our fundamental rights – rights enumerated in the Bill of Rights – are getting abused. He says alarm bells should be sounding among Christians, but that doesn’t seem to be the case. Our Founding Fathers saw the Bill of Rights as providing barriers against government overreach and abuse. People (particularly people in governments with power) could not be trusted to have no checks on their power. Why? Well, some...
For Europe’s Youth, an Attitude Adjustment is Required
Humility is probably one of the most difficult human virtues to achieve. For me, as a Hungarian intern at the Acton Institute, listening to Samuel Gregg’s June lecture in Grand Rapids on his new book, ing Europe about the Old Continent’s crisis is instructive. Relations between the United States and major European powers have been testy from time to time, of course, but Europe seems to lack self-criticism. Aging Europe, an unsustainable social model, a two-speed Europe: these are some...
Audio: Anthony Bradley on Race Relations in the Wake of the Zimmerman Verdict
On Tuesday eveninig, Anthony Bradley – Acton Research Fellow andassociate professor of theology at The King’s College in New York City – joined hostSheila Liaugminas on Relevant Radio’sA Closer Look to discuss the sensitive topic of race relations in America, especially in light of the verdict in the George Zimmerman case in Florida. Bradley gives his perspective on the state of race relations, and offers advice on how people of good will can have honest and forthright discussions about issues...
5 Business Activities That Imitate God
It’s e mon for Christians to openly ponder and discuss the ways in which we might glorify God through our work. Yet even with this newfound attention, it can be easy to forget that the very businesses launched to harness and facilitate such work are themselves declaring the glory of God, albeit in subtle, unspoken ways. In an essay posted at Christianity 9 to 5, author and theologian Wayne Grudem explores this angle a bit further, affirming the variety of...
Acton Kern Fellow Named Campus Dean at Moody
Christopher Brooks, a Kern Fellow at Acton, was recently named campus dean at Moody Theological Seminary in Michigan. Brooks is a senior pastor at Evangel Ministries in Detroit and he is the host of the Equipped for Life radio broadcast which airs daily on Salem Communications-Detroit Affiliate. John Jelinek, vice president and dean of Moody Theological Seminary, said that Brooks “has demonstrated a mitment to the advancement of the gospel and the work of Christ throughout Southeastern Michigan and I...
Video: Overcoming Poverty In America
Cheryl Miller, Executive Director of Perpetual Help Home (a PovertyCure partner) offers insight to poverty in America in this new video. Miller, an Acton University alumnus, focuses on the dignity of the human being. ...
Grading Kids by Race?
In his famous 1963 “I Have a Dream” speech, Martin Luther King, Jr. declared, I have a dream that my four children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. I have a dream today. MLK decried equality for children of all races, and his monumental contribution to the realization of this dream should forever be remembered. However, it seems that some...
Brother Attorneys File Lawsuit Against HHS Mandate
Michael and Shaun Willis, brothers and attorneys at Willis & Willis, PLC in Kalamazoo, Mich., have filed suit against the federal government’s mandate regarding the inclusion of artificial birth control, abortificients and abortion as part of employee health care. The brothers are mitted Christians and staunchly pro-life; one is Catholic, one Protestant. In addition to their law practice, they have a legal aid organization, doing pro bono work for the homeless in southeast Michigan. They also fund scholarships for children...
Human Action: A Positive Environmental Footprint
“Being less bad is not good.” This is a major theme of Cradle to Cradle, written by architect William McDonough and former Greenpeace chemist Dr. Michael Braungart back in 2002. The book arrived like a tidal wave on the green movement and exposed the categorical deficiencies and uselessness of tags like, “reduce, reuse, recycle.” The problem highlighted in the 2002 book is not that we need to simply damage the environment less but, even worse, we lack the entrepreneurial creativity...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved