The Perilous Transformations of Regulatory Governance
Publication language: English
Transformations No. 4 (111) 2021,  Publication date: 27 February 2022
Keywords: regulatory governance, dekelsenisation, commodification, polycentricity, cryptoregulation
Abstract Recent decades have witnessed an invasion non-state regulations, a process usually accepted in the academia as beneficial and inevitable historical development. This article claims it is neither. Once a culture of denying states their primacy in rule-making has been established, it will act as a centrifugal force weakening the cohesion of the legal system, and, in its wake, of the rule of law itself. The lack of cohesion undermines the legitimacy of the normative system and weakens the ability of law to carry out its organizing function. To prevent the decomposition of regulatory governance scholars should take a more critical stance towards the above-mentioned processes. Among the factors destroying the cohesion of the regulatory system three are taken into account in this article: the commodification of law, polycentricity and cryptoregulation. Neither of them can or should be eliminated, but they need and can be limited.
Kozminski University, Poland