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10 - Private Enforcement and Redress

from Part II - Design, Dynamics and Implementation

Published online by Cambridge University Press:  22 November 2024

Karen Yeung
Affiliation:
University of Birmingham
Sofia Ranchordás
Affiliation:
Tilburg University, The Netherlands
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Summary

Chapter 10 provides an overview of the role and functions of private enforcement within regulatory regimes and the availability of redress. It draws attention to different ‘models of legal responsibility’ upon which regulatory regimes rely in allocating and distributing legal rights and duties between those who are subject to regulation and those whom regulation is intended to protect (‘regulatory beneficiaries’). This chapter is the most legally focused chapter in the volume, selectively highlighting several features of the institutional and enforcement context in which regulation occurs. Examples are private litigation, collective redress mechanisms, the role of courts as authoritative and final interpreters of the law and ‘alternative’ avenues for redress.

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An Introduction to Law and Regulation
Text and Materials
, pp. 301 - 320
Publisher: Cambridge University Press
Print publication year: 2024

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