The Responsive Regulation Model

Many countries especially the developed countries in Europe and America are embracing the responsive regulation strategy in their application and enforcement of certain policies and regulations. This is because the model is more appropriate, stable and systematic in application to the public to comply with regulations set by the regulator. The responsive model of regulation contains some features that make it effective, adaptable and convenient to many users of regulations. However, developing countries are unable to embrace the responsive regulation approach due to low capacity of the state to mobilize various sectors and industries through regulations.2
The responsive regulation model has two different ways of interpretation. These are “tit for tat” (TFT) and “restorative justice (RJ).3 The approach also combines both compliance and deterrence models of regulatory enforcement and creates a balance between them.4 According to Ayres and Braithwaite, the government should apply the pyramid of regulatory approach where it first offers self-regulatory solutions to companies and industries. When the self-regulatory strategies fail, it should leave the self-regulation and embrace command regulation that contains discretionary punishment. Finally, the government should use a command regulation accompanied by non-discretionary punishment in the failure of command regulations with discretionary.5 The model highlights that regulations should be informed of steps or processes. A pyramid form of the display is appropriately used to explain these steps involved in the responsive regulatory approach of enforcing regulations.
According to Braithwaite and Ayres, the regulator should effectively persuade the public to change in some forms activities like the amount of tax paid. The majority of the concerned parties will willingly follow the regulation when persuaded to follow&