The Regime Politics Origins of Class Action Regulation
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Agustín Barroilhet
Abstract
This Article highlights that when procedural rules are legislated and there is substantial coordination between the executive and legislative branches, procedures with potential structural impact are weighted against alternative means of policymaking and implementation. This makes many Continental law countries, parliamentary countries, and countries governed by solid national majorities with substantial control over elected branches, and in general places where power is less fragmented, less likely to encourage American-style class actions. This is manifested in legislative choices of a private enforcement regime for class actions, which, when allowed, is designed to be subordinate to or to piggyback on the enforcement of preexisting bureaucracies. The theory is illustrated with the enactment of class actions in Chile, which is a civil law country that has experimented with class actions since 2004.
© 2018 by Theoretical Inquiries in Law
Articles in the same Issue
- Frontmatter
- Introduction
- Keynote Address
- The American Class Action: From Birth to Maturity
- Publicly Funded Objectors
- Tiered Certification
- Can and Should the New Third-Party Litigation Financing Come to Class Actions?
- The Global Class Action and Its Alternatives
- Class Actions in the United States and Israel: A Comparative Approach
- Regulation Through Litigation — Collective Redress in Need of a New Balance Between Individual Rights and Regulatory Objectives in Europe
- Towards Collaborative Governance of European Remedial and Procedural Law?
- Class Action Value
- When Pragmatism Leads to Unintended Consequences: A Critique of Australia’s Unique Closed Class Regime
- Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China
- The Regime Politics Origins of Class Action Regulation
Articles in the same Issue
- Frontmatter
- Introduction
- Keynote Address
- The American Class Action: From Birth to Maturity
- Publicly Funded Objectors
- Tiered Certification
- Can and Should the New Third-Party Litigation Financing Come to Class Actions?
- The Global Class Action and Its Alternatives
- Class Actions in the United States and Israel: A Comparative Approach
- Regulation Through Litigation — Collective Redress in Need of a New Balance Between Individual Rights and Regulatory Objectives in Europe
- Towards Collaborative Governance of European Remedial and Procedural Law?
- Class Action Value
- When Pragmatism Leads to Unintended Consequences: A Critique of Australia’s Unique Closed Class Regime
- Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China
- The Regime Politics Origins of Class Action Regulation
