This paper discusses the impact of principles-based regulation on U.K. consumers in terms of restoring their confidence in the financial markets, which has been shaken by the recent collapse of some firms.
Written in 2008; 12,239 words; 37 sources; APA; $ 236.95
Paper Summary:
This dissertation examines the impact of the sweeping reforms that changed regulation of financial services and markets in UK from the rules-based regime to one based on principles and outcomes. The main concern is to measure the effects of this reform strategy on British consumers, whose welfare and benefit were enshrined in the Financial Services and Markets Act 2007 as the greatest motivating force. The whole dissertation is structured as follows: The research question and objectives are set in the succeeding section, followed by a review of the literature. Then the writer discusses the methodology and presents the results, based on which the writer subsequently formulates a set of recommendations on how the implementation of the principles-based regulatory system can enrich the consumer's experience. The final section draws a conclusion that weighs the advantages and disadvantages of the new regulatory policy as it affects the consumers.
"On rules as a product of guesswork, the best that the rule maker can do is to anticipate how the rule will be applied in the future. The problem is that new situations may arise that were not expected or known when the rule was written such that the rule is likely to be interpreted and applied in ways that were not intended or anticipated in the drafting of the rule. Moreover, rules are never perfectly congruent with their purpose and may be over-inclusive and under-inclusive. The rules are under-inclusive when they fail to catch things that the rule maker might want to catch, whilst they are over-inclusive when the rules captured things that the rule maker does not need in applying the rules to a particular set of circumstances. The question is how to minimise rather than avoid these problems, and whether it is preferable to fail to include a type of conduct that should be included if the objectives are to be served, or to include certain conduct that should not be included."
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