Epidemic and the Regulatory State

Document Type : Original Article


Assistant Professor of law, Shahid Beheshti University



This paper discusses the Covid-19 crisis from the perspective of
regulatory law. To be more precise, the main topic of discussion is the
interaction between epidemic situations and the regulatory state. The main
question of this paper is what effect or possible effects the epidemic situation
will have on the regulatory state, and the possible response of the regulatory
state to epidemic situations, such as Covid-19, draws which kind of
relationship between the concept of the public interest and the market
system. The short answer to this question is that the entry of new shocks,
such as health crises, into the regulatory system, pushes the regulatory
situation to a higher level, which requires more government intervention.
This is due to various pressures, such as pressures from public opinion,
stakeholders and pressures from market failures as well as the extent to
which the government adheres to public interest. At the same time, the
findings of good regulation and strengthening of supervision, monitoring and
ensuring compliance with regulatory regulations, along with reducing redtapes
and strengthening international cooperation in the event of a health
crisis, can provide an accurate picture of the new paradigm of government
and market; A paradigm that is largely based on smart, outcome-oriented
regulation, and aims to strengthen citizens' trust in the regulatory state.


Main Subjects

1.Bartle, Ian and Vass, Peter (2007), Self-Regulation Within the Regulatory
, Blackwell Publishing.
2.Barzelay, M (2001),
The New Public Management, Berkeley, University of
California Press.
3.Cunningham, N and Grabovsky, P (1998),
Smart Regulation: Designing
Environmental Policy
, Oxford, Clarendon Press.
4.Hood, C. H. Rothstein and R. Baldwin (2001),
The Government of Risk,
Understanding Risk Regulation Schemes
, Oxford, Oxford University Press.
5. Hutter, Bridget M. (2001), Regulation and Risk: Occupational Health and
Safety on the Railways
, Oxford, Oxford University Press.
6.Ogus, Anthony (1994),
Regulation: Legal Form and Economic Theory, Hart
7.Patricia A. McCoy (2011), the Subprime Virus: Reckless Credit, Regulatory
Failure and Next Steps
, Oxford: Oxford University Press.
8.Baldwin, R and Black, J (2008), “Really Responsive Regulation”, Modern
Law Review
, 71(1): 59-94.
9.Bevan, RG and Hood, C (2006), “What’s measured is what matters”,
84 (3): 527-38.
10. Cogliance, Cary (2012), “Measuring Regulatory Performance, Evaluating
the Impact of Regulation and Regulatory Policy
”, Expert Paper No. 1.
11.Maxwell, John W., Lyon., Thomas P. and Hackett, Steven C. (2000),
“Self-regulation and Social Welfare: The Political Economy of Corporate
Journal of Law and Economics, Vol. XLIII.
12.May, P. (2003), “Performance-Based Regulation and Regulatory
Regimes: The Saga of Leady Buildings”,
Law and Policy, No. 1.
13. Ogus, Anthony I. (2007), “Better Regulation-Better Enforcement”, in
Stephen Robson Weatherill (ed.), Better Regulation, Oxford, Hart

فصلنامه تحقیقات حقوقی- ویژهنامه حقوق و کرونا ش 2اپیدمی و دولت تنظیمگر
Internet Sources
14. Dun, Gibson (2020), Covid-19 and Personal Injury Tort Liability:
Preliminary Considerations for Businesses
, available at:
15. ECDC (2020),
An overview of the rapid test situation for COVID-19
diagnosis in the EU/EEA
, Published in:
16. OECD (2016),
International Regulatory Co-operation: The Role of
International Organizations in Fostering Better Rules of Globalization
OECD Publishing, Paris, https://doi.org/10.1787/9789264244047-en.
17. OECD (2020),
Better regulation in Latin America as a fundamental
mechanism to face the crisis and accelerate recovery
, Available at:
18. Savares, John F. et. al. (2020),
White Collar and Regulatory Enforcement
in the Era of COVID-19
, Online at:
19. Shanghai Institutes for International Studies (2020),
Cooperation for the Corona Virus Combat: Results, Lessons and Way
, published at: