No. 10




Peculiarities of Drafting Regulations According to Type of Public Policy

15 December 2004


RiTo No. 10, 2004

The process of creating regulations or secondary legislation has not been analyzed extensively, even though a large part of our daily lives is regulated by such acts and the amount of secondary legislation is continually on the rise.

In the given context, we are interested in regulations where the state intervenes in private interests through regulations. Analysis of the influences of interest groups is a very important issue in Estonia, where civic society has not advanced that much, compared to strong business interests. Thus this article addresses two aspects in analyzing Estonian regulations – interests that arise and participants in the process. An unjustifiably little-used analytical framework – James Q. Wilson’s public policy typology – allows us to study these two aspects. It turns out that Wilson’s typology works well when there are no agents in a society hindering it. In Estonia, these hindering factors are the uneven level of society’s level of organization, the passivity of the state in making sure the weaker members are covered in the drafting of regulations, and the debut of the European Union as a new sovereign agent, which puts curbs on the activeness of local players.

Full article in Estonian