S. Vineeth Balaji, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai
Abstract
Regulation is essentially the need for the society to regulate in the form of law. It is coupled with rules and has the impact as the instrument of social control. It forms the part of the administrative law and principles. The conflict of approaches in the administrative law such as the red light theorists and the green light theorists , who makes the traditional and devloped principles of administrative law repectively. Apart from this there is the great diffrences in the approaches as to the legal approach and the regulatory approach in the societal norms and the legal norms. The questions posed by the scholars for such debate is to make the harmonisation of the laws by way of the holistic approach to the regualtory laws which inbide the multi-disciplinary approach. After the impact of the liberalization , the growth of the Independent Regulatory Institutions made support of the institutional theory of the regulation. The institutions has the autonomy and the independent body without restrictions and the direct control of the govenment , by the act of the legislature many statutory institutions has been created except by the controls of the judicial review and the rule of law ''rex non debit esse sub homine deo at lege''. To entertain the legitimacy of the public instituions which is based upon the doctrine of the Legitimate expectaion in upholding the public interst (pro bono publico) , to curbe from the demerits of the institutions and to make the transprarency in the system of regulation. From the above stated approaches given by the prudent scholars , going to analyse the nature and scope of the regulatory law with the perspective of the principles of the good regulation , good governance(regulatory governance), legitimate expectation and institutionalism.`
Keywords: Independent regulatory institutions, regulaion, administrative law, legitimacy.
