Strategies of the Dutch Legislator to Stimulate Autonomy and Decrease Bureaucracy

in Tilburg Law Review
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In his last book Willem Witteveen added two extra problems to the list of Lon Fuller with eight problems of legislation. There is a lack of autonomy and too much bureaucracy as well. According to Witteveen, government has to stimulate selfregulation to solve these problems. This article reflects on the question what the intended and unintended consequences are of alternative strategies of regulation by the Dutch legislator for the legitimacy of regulation. The meta-analysis of the consequences of the alternative strategies shows that the intended consequences have been partly realised, but that unintended consequences and autonomous effects have occurred as well. Especially the participation on the individual level seems to have been reinforced by the use of liberal deregulation. However, participation on the social level by means of self- and co-regulation has been reinforced much less. Unintendedly, not only sources of participation are improved, but sources of authority as well.

Tilburg Law Review

Journal of International and European Law

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3

Witteveen, W.J. (2007) Preadvies voor de Nederlandse Juristen Vereniging, p. 25.

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