Home
/
RELIGION & LIBERTY ONLINE
/
The case for principles-based regulations
The case for principles-based regulations
Jan 13, 2026 8:40 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
The board gaming boom: Reviving face-to-face play in a digital age
The rise of board games is making headlines (just check out some of the stories here, here, here, here, and here). Despite massive disruption by online- and mobile-based gaming, many consumers seem to still enjoy the face-to-face interaction and experience of tabletop games. As the market responds, and as technology and globalization continue to open the playing field to petitors and genres, what might we learn about the prospects munity in an otherwise digital age? There are many theories about...
Acton Line podcast: Why Marxism is still alive; The legacy of Aleksandr Solzhenitsyn
On this episode of Acton Line, Romanian author and public intellectual, Mihail Neamtu, joins the show to talk about what he calls the “ghost” of Marxism. What defines Marxism and what remnants of the ideology are we seeing today? After that, Daniel J. Mahoney, writer and professor of politics at Assumption College, speaks with Acton’s Director of Communications, John Couretas, about the legacy of the 20th century Russian writer, Aleksandr Solzhenitsyn. Solzhenitsyn’s writings are said to have contributed greatly in...
Why the national debt is an intergenerational injustice
Note:This article is part of the ‘Principles Project,’ a list of principles, axioms, and beliefs that undergirda Christian view of economics, liberty, and virtue. Clickhereto read the introduction and other posts in this series. The Principle: #21A – National debt is almost always an unjust form of an intergenerational wealth transfer. The Definitions: National Debt — The federal or national debt is the net accumulation of the federal government’s annual budget deficits; the total amount of money that the U.S....
What’s missing from the UK prime minister’s race? A British view
The 313 Conservative MPs held the second round of voting to elect the new leader of the Conservative Party and prime minister of the United Kingdom. Each of the six remaining candidates – Boris Johnson, Jeremy Hunt, Michael Gove, Dominic Raab, Sajid Javid, and Rory Stewart – had to receive at least 33 votes to advance to the next round. The results, which were announced around 6 p.m. London time, were as follows: Johnson: 126;Hunt: 46;Gove: 41;Stewart: 37;Javid: 33; andRaab:...
Trump’s tariffs could lead to a Bible shortage
At his campaign rally last night President Trump vowed that he’d make “America wealthy again.” But the taxes he’s imposed on Americans in the form of tariffs are making America poorer—both materially and spiritually. When Trump imposed tariffs on China last year I mentioned that in 2019 the tax would cost households to suffer losses equivalent to $2,357 per household (or $915 per person). Since then we’ve found that the tax increase may have other harmful effects, including causing a...
Beyond Bolsonaro: A freedom surge in Brazil
Those who argue that the recent victory of President Jair Bolsonaro in the 2018 Brazilian presidential elections represent an authoritarian shift are highly mistaken. On the contrary, liberalism has never been as strong and vibrant in Brazil as it is in the present moment. While some “intellectuals” and most of the media — in Brazil and internationally — keep characterizing Bolsonaro’s victory as a sign of increasing intolerance and alt-right politics (because of a few unfortunate declarations during his campaign)...
Fiscal policy: The best case scenario
Note: This is post #125 in a weekly video series on basic economics. When and why does the government might engage in expansionary fiscal policy? When does the government increase spending, or decrease taxes, bat a recession? In this video by Marginal Revolution University, Tyler Cowen examines some of the government’s options, from doing nothing to taking steps to increase thevelocity of moneyand thereby increase aggregate demand. (If you find the pace of the videos too slow, I’d mend watching...
Business is bad. Can it also be good?
There are many reasons to critique business these days. From crony capitalist practices to surveillance capitalism and data collection, from abuse of the environment for short term profits to siding with the fashionable for short term praise at the expense of religious freedom and long term cultural health. Business and corporations deserve much of the condemnation they receive. As Adam Smith wrote in The Wealth of Nations People of the same trade seldom meet together, even for merriment and diversion,...
New York’s rent regulations: people over profit?
Last week, the New York State Legislature arranged a series of regulations designed to protect tenants and control rents. This action was quickly repeated by the California Assembly, which passed a rent-cap bill, both following in the footsteps of Oregon’s statewide rent control law enacted this past February. Landlords in New York City were quick to argue that the new legislation would cost local construction jobs and prevent owners from making needed repairs, leading to buildings in disrepair. Nevertheless, these...
Philip K. Dick, Lord Acton, and the nineteenth century that never ended
The American science fiction author Philip K. Dick was a strange guy. In addition to being a prolific author of many science fiction classics like The Man in the High Castle, Do Androids Dream of Electric Sheep?, and Minority Report (All these and many more adapted for film and television) he was also a prolific diarist. Many of these diary entries were edited and published as The Exegesis of Philip K. Dick in 2011. A recurring theme in these diary...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved