LAW 534 Lecture Notes - Lecture 2: Ex-Ante, Regulatory Offence, Actus Reus
12 Jan 2017
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Evolution of various mechanisms to enforce those regulations. Better understand how laws in your industry apply; Develop a better vocabulary to describe law or proposed law; Can use this yourself as a a manager in a non-legislative setting when setting up any system of governance; etc. Ex ante regulation: imposing prior restraint by way of a prior licensing regime. Attempts to address the anticipated harms proactively. Usually through some form of permit or licensing s(cid:455)ste(cid:373) (cid:894)e. g. d(cid:396)i(cid:448)e(cid:396)"s li(cid:272)e(cid:374)se(cid:895) Regulation in sectors where there is monopoly or oligopoly has traditionally taken the form of prior approval by a regulator. Ex post regulation: uses an offence regime to address harm that occurs after the fact. Very common statute sets some form of standard of conduct. If an individual breaches the statute, then there is prosecution against the individual for breaching the statute. In a sense, ex post regulations react after the potentially or actual harmful conduct has occurred.
