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The cohesive implementation of the PRA and the FCA programs to a large extent depends on the ability of the new regulators to attend to matters of their expertise while at the same time being mindful of how the entire system of financial regulation fits and works together. Although one can hope...
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In 2013 the FSA will be replaced by two new regulators the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). Both of them will have to cooperate and adopt a 'judgement-led' approach to regulation. The aim of this paper is to explore the nature of judgement-led...
Persistent link: https://www.econbiz.de/10013106887
There are lingering concerns about the health of European banks and extensive market commentary about whether post-crisis regulatory reforms in Europe have adequately addressed these concerns. In June 2012, European policymakers released the broad outlines of a proposal for a "European banking...
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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...
Persistent link: https://www.econbiz.de/10010959027
The function of legal rules as technical instruments of social organisation and how to make them work effectively has become an increasingly importance focus of attention for those interested in regulation. This essay examines the financial regulation in the UK and in particular the regulatory...
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This article examines the nature of interpretation in regulation. Drawing on the work of Ronald Dworkin it considers two alternative theses of regulatory interpretation; the conversational thesis and the constructive thesis. The conversational thesis, which seems to find support in several...
Persistent link: https://www.econbiz.de/10013142610