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Galle, Brian --- "Design and implementation of a charitable regulation regime" [2018] ELECD 1363; in Harding, Matthew (ed), "Research Handbook on Not-For-Profit Law" (Edward Elgar Publishing, 2018) 530

Book Title: Research Handbook on Not-For-Profit Law

Editor(s): Harding, Matthew

Publisher: Edward Elgar Publishing

ISBN: 9781785369988

Section: Chapter 23

Section Title: Design and implementation of a charitable regulation regime

Author(s): Galle, Brian

Number of pages: 19

Abstract/Description:

This chapter considers several under-explored questions relating to the regulation of not-for-profits. What might justify state regulation of the sector? Under what circumstances might self-regulation be preferable to state regulation? What role does enforcement play in a sound framework of not-for-profit regulation, and who ought optimally to be given the standing on which such enforcement depends? If the value of the not-for-profit sector lies in the diverse range of perspectives that it nurtures and facilitates, then to what extent does government regulation of the sector interfere with that value? To what extent do not-for-profit organizations comply with regulatory and other requirements and why? The chapter suggests that the ideal regulatory framework for not-for-profits is likely to be one in which the state and the sector each play a key role, and to which law, policy and culture make seminal contributions.