{"title":"监管是管辖权和最大权力的斗争——来自肯尼亚工程实践监管机构改革战略的证据","authors":"O. A. K’Akumu","doi":"10.1080/20508840.2022.2113201","DOIUrl":null,"url":null,"abstract":"ABSTRACT This paper reviews the political thinking as embedded in the text of the statute constituting the regulation of the engineering profession in Kenya. It specifically focuses on the regulator’s political strategy of consolidation of jurisdictional power and its concentration of regulatory power. Jurisdictional strategies include expansion into the working environment of engineers, attempts to control engineering schools, criminalisation of employment of non-registered engineers, elimination of competition by declaring the statute supreme over others and non-inclusion of the public interest representatives on the board. Regulatory strategies involved the inclusion of principal secretaries on the board, pursuit of financial security by creating a variety of sources, seeking to invest budgetary surplus and retention of legislative powers. The research concludes that the regulator is a narrow interest group interested in power and money rather than the public interest.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"Regulation as struggle for jurisdictional and maximal power: evidence from the reform strategy of Kenya’s regulator of engineering practice\",\"authors\":\"O. A. K’Akumu\",\"doi\":\"10.1080/20508840.2022.2113201\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT This paper reviews the political thinking as embedded in the text of the statute constituting the regulation of the engineering profession in Kenya. It specifically focuses on the regulator’s political strategy of consolidation of jurisdictional power and its concentration of regulatory power. Jurisdictional strategies include expansion into the working environment of engineers, attempts to control engineering schools, criminalisation of employment of non-registered engineers, elimination of competition by declaring the statute supreme over others and non-inclusion of the public interest representatives on the board. Regulatory strategies involved the inclusion of principal secretaries on the board, pursuit of financial security by creating a variety of sources, seeking to invest budgetary surplus and retention of legislative powers. The research concludes that the regulator is a narrow interest group interested in power and money rather than the public interest.\",\"PeriodicalId\":42455,\"journal\":{\"name\":\"Theory and Practice of Legislation\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2022-08-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Theory and Practice of Legislation\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20508840.2022.2113201\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2022.2113201","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Regulation as struggle for jurisdictional and maximal power: evidence from the reform strategy of Kenya’s regulator of engineering practice
ABSTRACT This paper reviews the political thinking as embedded in the text of the statute constituting the regulation of the engineering profession in Kenya. It specifically focuses on the regulator’s political strategy of consolidation of jurisdictional power and its concentration of regulatory power. Jurisdictional strategies include expansion into the working environment of engineers, attempts to control engineering schools, criminalisation of employment of non-registered engineers, elimination of competition by declaring the statute supreme over others and non-inclusion of the public interest representatives on the board. Regulatory strategies involved the inclusion of principal secretaries on the board, pursuit of financial security by creating a variety of sources, seeking to invest budgetary surplus and retention of legislative powers. The research concludes that the regulator is a narrow interest group interested in power and money rather than the public interest.
期刊介绍:
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.