Is Goal-Based Regulation Consistent with the Rule of Law?

Abstract

Legislative policy has been a subject of debate for years in the Netherlands, both with regard to the quality of legislation and to the structure of the legislative process. In the light of changing ideas about the government’s role and social responsibility, alternative approaches to legislation have been developed over the recent years. One such innovation involves the use of goal-based regulation. Goal-based regulation has been promoted as providing freedom and responsibility for individuals and businesses to decide how to meet regulatory requirements, giving them the opportunity to bring their specialised knowledge to bear on problems that they understand better than anyone else.