This article examines the nature and rationale of judgement-led regulation but also questions the claim that this is a novel approach to regulation. Progressively, the analysis turns on the issue of its effective implementation and the interplay of discretion and data. In this connection, the...

Purpose – This paper is concerned with the application of economic analysis to law and public policy. Its aim is not to highlight the well‐documented merits of economic analysis but to shed light on some of its flaws and to propose an agenda for future research in the field....